Chase v. City of Lowell
Massachusetts Supreme Judicial Court
- Action of contract to recover, among other things, $250 for one quarter’s salary as city engineer of Lowell. The other matters in dispute were determined by an auditor, to whom the case was referred, and who reported in the plaintiff’s favor as to this item, subject to the opinion of the court upon the following facts: On the 24th of February 1854 the city council of Lowell, by concurrent votes of the two branches, passed a resolution, authorizing the joint committee on…
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- Action of contract to recover, among other things, $250 for one quarter’s salary as city engineer of Lowell. The other matters in dispute were determined by an auditor, to whom the case was referred, and who reported in the plaintiff’s favor as to this item, subject to the opinion of the court upon the following facts: On the 24th of February 1854 the city council of Lowell, by concurrent votes of the two branches, passed a resolution, authorizing the joint committee on streets “ to contract with and employ a suitable person for city engineer for the ensuing year, or for such time as they…
1Opinion of the CourtMetcalf, J.
The only question that is raised on the auditor’s report respects his allowance of $250 to the plaintiff, for a quarter’s salary as city engineer.
The defendants object to the allowance of this sum, on the ground, first, that his agreement with them, as engineer, was not to be performed within one year from the making thereof, and therefore the statute of frauds (Rev. Sts. c. 74, § 1) is a defence to his claim. But if that agreement was within that statute, we are of opinion that the recorded vote of the committee on streets, passed on the 21st of February 1854, and signed by the plaintiff as…
2Cited by1 opinion
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