Massachusetts Supreme Judicial Court, 1867

Atkins v. County of Barnstable

Massachusetts Supreme Judicial Court · Decided October 15, 1867 · Bigelow

97 Mass. 428

Cases that cite this one

13 later published cases cite this decision.

Gillis v. Cobe (Mass. 1901)
Johnston v. Brown (S.C. Ct. App. 1986)
Cerrone v. Lynn Mutual Insurance (Mass. Dist. Ct., App. Div. 1971)
See v. Nesson (Mass. 1924)
City of Boston v. McGovern (1st Cir. 1923)
McGovern v. City of Boston (Mass. 1918)
Northwestern Marble & Tile Co. v. Swenson (Minn. 1918)
Bowen v. Kimbell (Mass. 1909)
C. W. Hunt Co. v. Boston Elevated Railway Co. (Mass. 1908)
Connolly v. Sullivan (Mass. 1899)
Blood v. Wilson (Mass. 1886)
Bozarth v. Dudley (N.J. 1882)
Fitzgerald v. Allen (Mass. 1880)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Bigelow, C. J.

The instructions were in conformity to the decided cases and in all respects sufficiently favorable to the *430plaintiff. As to his right to recover on the first count, the agreement was express that the work should be done to the satisfaction' of the county commissioners. The plaintiff was bound to show such acceptance in order to maintain an action on the written contract to recover the agreed price. McCarren v. McNulty, 7 Gray, 139. As to a recovery on the second count, the elements necessary to establish a claim against the defendants and the measure by which the damages were to be assessed were correctly stated by the court. Hayward v. Leonard, 7 Pick. 181. Smith v. Lowell, 8 Pick. 181. Snow v. Ware, 13 Met. 42. Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.