Willar v. Commonwealth

The petitioners allege in substance that the Commonwealth, through the department of public works, took their land for a public highway; that they made with the department an agreement for settlement whereby the Commonwealth was to pay them $27,780 in full for their damages; that the account has been certified by the comptroller (G. L. [Ter. Ed.] c. 29, § 18); but that the Governor and Council have taken no action thereon, and the money has not been paid. As we construe the petition, breach of the contract of settlement is the gist of the petitioners’ case.

The principal contentions of the…