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Chapman, C. J. Evidence of the amount necessarily expended by the defendants to put the roads in such order as the contract specified was admissible, because it tended to prove that the contract had not been substantially performed, and also the extent of the damage occasioned by the non-performance. Walker v. Orange, 16 Gray, 193. Moulton v. McOwen, 103 Mass. 587.
Exceptions sustained.
Document Info
Citation Numbers: 110 Mass. 133
Judges: Chapman
Filed Date: 9/15/1872
Precedential Status: Precedential
Modified Date: 6/25/2022