Adalian Bros. v. City of Boston

This action to recover upon a case stated the sum of $4,595.50 as the price, with interest, of three rugs alleged to have been sold and delivered by the plaintiff to the defendant comes here by appeal after an order for judgment for the plaintiff.

In February of 1945 the then mayor ordered the rugs for use in his office, and they were delivered in March, but there was no appropriation out of which they could be paid for. The city retained them without paying for them. On December 31, 1945, the acting superintendent of buildings wrote the mayor recommending that the rugs “be purchased” and…