[DOWNLOAD] "Soares v. Weitzman" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Soares v. Weitzman
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 05, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
WAIT, J. The plaintiff sued in three counts: The first for breach of a building contract by failure to pay the balance of the contract price; the second upon quantum meruit and quantum valebant for work and labor and materials furnished in building a house under a contract; the third for extras supplied in the course of such building. The defendant answered. He also filed a declaration in set-off for damages for imperfect work. The plaintiff did not demur. At a trial in a district court, the plaintiff failed on his first count because he had not himself performed fully the contract he had undertaken; he recovered on his second count the unpaid balance of the contract price less the reasonable expense of making good his defaults in his contract work, or, what here was, substantially, the same thing, the difference between the contract price of the building if constructed in strict compliance with the contract and the value of the building as actually constructed; he recovered on his third count the amount found due for such extra work as the Judge found was actually done and properly charged for. The defendant had no right to a recovery on his declaration in set-off, because one can properly set off only liquidated demands, G. L. (Ter. Ed.) c. 232, § 1, Taylor-Stites Glass Co. v. Manufacturers' Bottle Co., 201 Mass. 123, 125, 87 N.E. 558, and the claim in set-off was not on liquidated demands. He does not suffer, however, for the deduction made from the plaintiff's claim is practically what the set-off sought. The Judge found for the plaintiff. On report the appellate division found no reversible error. The case is before us on appeal.
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