Clarke v. City of Fall River
Massachusetts Supreme Judicial Court
Contract against the city of Fall River, with a declaration containing two counts, the first for the breach by the defendant of a contract in writing dated April 22, 1909, by which the plaintiff agreed to collect and dispose of, in a sanitary manner, the waste garbage and swill found in the city of Fall River, as required by the board of health of that city, from May 1,1909, until May 1, 1914, alleging that the plaintiff did the things on his part agreed to be done under the…
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Contract against the city of Fall River, with a declaration containing two counts, the first for the breach by the defendant of a contract in writing dated April 22, 1909, by which the plaintiff agreed to collect and dispose of, in a sanitary manner, the waste garbage and swill found in the city of Fall River, as required by the board of health of that city, from May 1,1909, until May 1, 1914, alleging that the plaintiff did the things on his part agreed to be done under the contract until February 1, 1911, and was ready and willing to perform the rest of his contract, but that the defendant…
1Opinion of the CourtRugg, C. J.
This is an action to recover damages for breach of a contract alleged to have been made in writing between the plaintiff and the defendant for the collection and disposal of garbage in the defendant city for five years from May 1, 1909.
1. The defendant’s first contention is that the contract was invalid because not executed as required by law. It was executed in the name of the defendant by the mayor and does not bear the *583signature or indorsement of any other city officer or board. The signature of the mayor as the sole representative and agent of the defendant for the obvious purpose of…
2Cases cited8 opinions
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1908
- McLean v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1913
- Commercial Wharf Corp. v. City of BostonMassachusetts Supreme Judicial Court · 1911
- Newman v. NewmanMassachusetts Supreme Judicial Court · 1912
- Thurston v. BluntMassachusetts Supreme Judicial Court · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Singarella v. City of BostonMassachusetts Supreme Judicial Court · 1961
- Solomon v. DabrowskiMassachusetts Supreme Judicial Court · 1936
- Boston Teachers Union v. School CommitteeMassachusetts Supreme Judicial Court · 1982
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
39 more not listed; retrieve them via the Exa API.