Sampson v. City of Boston
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that, by the authority of an order of the city council of the city of Boston, approved March 4, 1885, three commissioners were appointed by the mayor to make preliminary arrangements for the erection of a new court-house for the county of Suffolk; that by St. 1885, c. 377, as amended by St. 1886, c. 122, the commissioners so appointed were authorized, subject to the approval of the mayor of the city, to take land for such purpose, and,…
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Contract. The declaration alleged that, by the authority of an order of the city council of the city of Boston, approved March 4, 1885, three commissioners were appointed by the mayor to make preliminary arrangements for the erection of a new court-house for the county of Suffolk; that by St. 1885, c. 377, as amended by St. 1886, c. 122, the commissioners so appointed were authorized, subject to the approval of the mayor of the city, to take land for such purpose, and, acting for the city of Boston, within a reasonable time to erect thereon a suitable court-house, work not to be begun,…
1Opinion of the CourtHolmes, J.
The contract set out in the declaration is alleged to have been made on behalf of the city of Boston by the com*293missioners referred to, and therefore can bind the city only so far as the commissioners had authority to bind it. The order authorizing the appointment of the commissioners expressly provides that they shall incur no liability for or in behalf of the city unless specially authorized so to do by the city council. The city council is not alleged to have authorized the commissioners to incur the liability sought to be enforced, if the city council could have done so, and therefore the…
2Cases cited3 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Howland v. MaynardMassachusetts Supreme Judicial Court · 1893
3Cited by4 opinions
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Burnham v. City of MilwaukeeWisconsin Supreme Court · 1913