Bay State Street Railway Co. v. City of Woburn
Massachusetts Supreme Judicial Court
Contract against the city of Woburn on a contract in writing dated June 18, 1912. Writ dated June 26, 1915. In the Superior Court the case was submitted to Morton, J., upon a statement of agreed facts, containing the facts that are stated in the opinion. The judge found the facts to be as agreed and stated that he drew no inference of fact from those stated and found no further facts.
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Contract against the city of Woburn on a contract in writing dated June 18, 1912. Writ dated June 26, 1915. In the Superior Court the case was submitted to Morton, J., upon a statement of agreed facts, containing the facts that are stated in the opinion. The judge found the facts to be as agreed and stated that he drew no inference of fact from those stated and found no further facts. At the request of the parties the judge under St. 1917, c. 345, reported the case for determination by this court without making any decision thereon.
1Opinion of the CourtRugg, C. J.
A written contract was executed between the plaintiff and the defendant with the formalities and by the officers required by law on June 18, 1912. It related in general to the *202transportation by the plaintiff of crushed stone of the defendant for use upon its streets. By article 4 of the contract prices per ton were fixed and it further was provided that, “if the aggregate charge for the services of the said Street Railway Company hereunder during the period of one year from the date when the work is commenced, shall at the rate aforesaid be less than the sum of thirty-three hundred and fifty…
2Cases cited4 opinions
- Wheaton Building & Lumber Co. v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Rea v. Board of AldermenMassachusetts Supreme Judicial Court · 1914
- United States Drainage & Irrigation Co. v. City of MedfordMassachusetts Supreme Judicial Court · 1917
- McGovern v. City of BostonMassachusetts Supreme Judicial Court · 1918
3Cited by23 opinions
- Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Kerrigan v. City of BostonMassachusetts Supreme Judicial Court · 1972
- Animal Rescue League v. Assessors of BourneMassachusetts Supreme Judicial Court · 1941
- City of Norwalk v. DanieleSupreme Court of Connecticut · 1955
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