Burns v. Thorndike
This text of 117 N.E. 799 (Burns v. Thorndike) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the terms of the contract: “If any extra work is required, a price for the same must be agreed upon and approved in writing by the architect before such work is begun.” It was not within the authority of the architect to waive this provision, and although he orally approved all extra work and the disbursements for which recovery is sought, the defendant never has waived the contract nor ratified his acts.
It follows that the plaintiffs cannot recover. Stuart v. Cambridge, 125 Mass. 102.
Order dismissing the report affirmed.
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Cite This Page — Counsel Stack
117 N.E. 799, 228 Mass. 552, 1917 Mass. LEXIS 1248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-thorndike-mass-1917.