Contract, upon the following order: “ Lowell, February 3d, 1875. Mr. Blodgett, please pay to C. H. Robbins, the sum of four hundred and forty-five dollars, and oblige — to be paid when the house is finished — J. T. Willis.” Across the face of the order was written, “ I accept the order. Chas. A. Blodgett.” Writ dated December 21, 1875.

At the trial in the Superior Court, before Colburn, J., without a jury, it appeared in evidence that the defendant had made a contract with C. H. Willis, to build a dwelling-house according to certain plans and specifications. C. H. Willis died, leaving his contract partly performed, and J. T. Willis, the drawer of the above order, who was not himself a builder, entered into a written agreement, on January 28, 1875, with the defendant, by which he agreed to complete the house, according to the plans and specifications. The specifications, among other things, required the contractor to put two coats of paint upon the outside of the house, and to paint the tin piazza roof.

The plaintiff did the plasterers’ and masons’ work on the house, and the above order was given on account of his work. The plaintiff knew at the time the order was given that Willis was a contractor in building the house for the defendant, but it appeared that he did not know the details of the contract or specifications, or how much of the work they covered, or how they required it to be done. One McLane was the agent of Willis, and had charge of the work on the house. Willis ceased work on the house the latter part of July, 1875, and there was evidence tending to show that it would cost $300 to complete the house according to the requirements of the specifications. In March, 1875 the defendant went to McLane, and notified him that the house was not completed, and would not be accepted; to which McLane. replied, that he should do nothing more. In April, 1875, the defendant moved, with his family, into the house.

At the date of the writ in this case, the house had only the priming coat of paint upon any part of the outside, and upon a part of the outside no paint at all, and the tin piazza roof was not painted. The plaintiff demanded payment of the order of the defendant a short time before the suit was brought.

…

Citation profile

Relationships

How this case has been treated — in progress