Legal Opinion

Kirchner v. City of Pittsfield

Massachusetts District Court, Appellate Division

Decided July 19, 1941Published

1Opinion of the CourtMason, J.

This is an action of contract which the parties agree may be considered upon the basis that the Plaintiff’s Declaration is as follows:

“Count I. And the plaintiffs say that on the 23rd day of December, 1935, they conveyed to the City of Pittsfield a right and easement to build and maintain a certain water pipe over a strip of land six feet wide in the City of Pitts-field from New Road to land of one Kirkpatrick some 1000 feet in distance to the north, on consideration for a promise by the defendant to abate all sewer assessments on the property of the said plaintiffs; and that the defendant…

2Cases cited5 opinions

  1. Wheatland v. City of BostonMassachusetts Supreme Judicial Court · 1909
  2. Carleton v. Inhabitants of AshburnhamMassachusetts Supreme Judicial Court · 1869
  3. Bartlett v. City of BostonMassachusetts Supreme Judicial Court · 1903
  4. Bogigian v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1926
  5. Boston Water Power Co. v. City of BostonMassachusetts Supreme Judicial Court · 1907

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