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Homer v. Shaw
Supreme Judicial Court of Massachusetts
98 N.E. 697 (Mass. 1912)
Shaw (defendant) was the general contractor for the construction of a subway station. Shaw subcontracted with Lancaster to have Lancaster do excavating and mason work. Lancaster was low on money so Homer (plaintiff) agreed to advance Lancaster money in exchange for an assignment of half of Lancaster’s fee under the contract with Shaw. Shaw accepted the assignment. Subsequently, Lancaster told Shaw that due to his financial situation, he could not afford to pay his workers and would not be able to complete his mason work. Shaw and Lancaster then formed another contract to meet Lancaster’s financial needs. Shaw testified that this contract rescinded the original contract between Shaw and Lancaster. Homer brought suit against Shaw for half of Lancaster’s fee under the new contract. The trial court ruled in favor of Shaw. Homer appealed.
Rule of Law
Holding and Reasoning (Braley, J.)
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