Boynton v. Lynn Gas Light Co.
Citation | 124 Mass. 197 |
Court | United States State Supreme Judicial Court of Massachusetts |
Decision Date | 05 March 1878 |
Parties | Lyman Boynton & another v. Lynn Gas Light Company |
Argued November 13, 1877 [Syllabus Material] [Syllabus Material]
Suffolk. Contract on an account annexed for work and labor. At the trial in the Superior Court, before Aldrich, J., it appeared that on July 28, 1870, the plaintiffs, as the parties of the first part, and the defendant, acting by its president, as the party of the second part, entered into the following agreement under seal:
It appeared that the plaintiffs built the wall and did the other work specified in the above agreement; and also built an additional wall, did some extra dredging, and, with the material so dredged, filled in the wharf made by the additional wall. For this work they charged the prices named in the agreement for the building and dredging, and, for the filling, twenty cents a yard. This last item was the only one in dispute.
The plaintiffs introduced evidence tending to show that, when the work on the original wall was nearly completed, one Mace, the superintendent referred to in the agreement, and who had charge of the work, came to Lyman Boynton, one of the plaintiffs, and wanted him to extend the wharf; that Boynton said to him that if the defendant proposed to extend the wall further inshore and do the filling behind it, it would be very expensive, compared with the rest of the work, and that they should want more pay for doing it, in addition to what they were getting; that Mace said the defendant must have it done, and would want to fill as far as the wall was built; that he told Mace it would cost considerably more to do it than it would the other, and they must have more; that Mace seemed to think that twenty cents a yard would be enough for it, the same as raising the material for the wharf, if there was a surplus, and that was all the defendant would pay for the additional filling; and that he told Mace he wanted forty cents; that Mace said the wall and dredging were covered by the contract; that he told Mace they would do the wall and dredging at the price named in the contract, and that it was worth forty cents to do the filling; that Mace said he would only pay twenty, and the plaintiffs agreed to do it for that, and went on and did it, in pursuance of this agreement.
There was evidence that the filling of the enlarged part of the wharf was necessary for its proper construction, and that the defendant accepted the work done.
It being admitted that the whole of the disputed item was due if any part of it was, the plaintiff contended that the defendant was liable, under the verbal agreement, upon the evidence, either for the agreed price of twenty cents, if the jury found that Mace was authorized to make such a bargain or upon a quantum...
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