Ryan v. City of Boston
Massachusetts Supreme Judicial Court
Contract against the city of Boston for the alleged breach of a contract in writing, by which the plaintiff agreed to lay for the defendant five hundred and seventy-five linear feet of sewer pipe in Walk Hill Street, in that part of Boston called West Roxbury, for the prices set out in a proposal submitted to the deputy superintendent of the sewer division of the street department of the defendant on December 4, 1905, the cost of the labor and materials to be furnished by…
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Contract against the city of Boston for the alleged breach of a contract in writing, by which the plaintiff agreed to lay for the defendant five hundred and seventy-five linear feet of sewer pipe in Walk Hill Street, in that part of Boston called West Roxbury, for the prices set out in a proposal submitted to the deputy superintendent of the sewer division of the street department of the defendant on December 4, 1905, the cost of the labor and materials to be furnished by the plaintiff being estimated by the city engineers as SI,960. Writ' in the Municipal Court of the City of Boston dated…
1Opinion of the CourtBraley, J.
If the city of Boston became bound by the contract, the plaintiff, having been prevented from full performance by the defendant’s repudiation and interference, can recover damages for the breach. Clark v. Gulesian, 197 Mass. 492. Moffat v. Davitt, 200 Mass. 452.
The agreement is signed in behalf of the city by the- superintendent of streets, and approved by “ Daniel A. Whelton, acting Mayor.” The defense rests upon the ground, that the approval *459having been unauthorized, the contract is void. Section 29 of R. L. c. 26 provides for the discharge of the duties of the office where the mayor is…
2Cases cited3 opinions
- Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
- Clark v. GulesianMassachusetts Supreme Judicial Court · 1908
- Moffat v. DavittMassachusetts Supreme Judicial Court · 1909
3Cited by6 opinions
- Daddario v. City of PittsfieldMassachusetts Supreme Judicial Court · 1938
- Morgan v. Town of BurlingtonMassachusetts Supreme Judicial Court · 1944
- Fiske v. City of WorcesterMassachusetts Supreme Judicial Court · 1914
- Boston Gas Co. v. City of BostonMassachusetts Appeals Court · 1982
- Grant v. Aldermen of NorthamptonMassachusetts Supreme Judicial Court · 1944
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