YOUNG V. CITY OF CHICOPEE
186 Mass. 518, 72 N.E. 63 (1904).
NATURE OF THE CASE: Young (P) sought review of the decision which entered judgment in
favor of Chicopee (D) in the P's action to recover for work and materials furnished under a
written contract to construct a bridge that was subsequently destroyed by fire.
FACTS: Young (P) contracted to repair a bridge for the City of Chicopee (D). P's
compensation was to be measured by the number of feet of new lumber used on the bridge. The
contract provided that at least one-half the materials were to be on the job before work
could begin. Lumber not in use was spread about the bridge and upon the riverbanks. The
bridge was destroyed by fire without fault of either of the parties. Part of the unused
lumber was destroyed. D did not dispute its liability for the work done but refused pay for
the destroyed and unused lumber.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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