Merrill v. City of Lowell
Massachusetts Supreme Judicial Court
Contract for $2,772.51, which the plaintiff alleged that the defendant agreed to pay to her in compromise of her claim against the city for land taken by the defendant by right of eminent domain. Writ dated February 16, 1917. In the Superior Court the action was heard by King, J., without a jury, upon an agreed statement of facts. Material facts so agreed upon are described in the opinion.
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Contract for $2,772.51, which the plaintiff alleged that the defendant agreed to pay to her in compromise of her claim against the city for land taken by the defendant by right of eminent domain. Writ dated February 16, 1917. In the Superior Court the action was heard by King, J., without a jury, upon an agreed statement of facts. Material facts so agreed upon are described in the opinion. The judge found the facts to be as stated in the agreed statement and reported the action to this court for determination, the parties agreeing that, if the plaintiff was entitled to recover, judgment…
1Opinion of the CourtCarroll, J.
The plaintiff’s land was taken on November 18, 1915, by the defendant for municipal purposes. She was awarded damages in the sum of $19,650, which she refused to accept and brought a petition for a jury to assess the damages. The petition is now pending. On June 24, 1916, the defendant tendered to the plaintiff the amount awarded with interest, which the plaintiff accepted as payment pro tanto, without prejudice to her rights. St. 1904, c. 317. At a meeting of the municipal council of the city of Lowell on December 26, 1916, at which three members were present, it was voted to pay the…
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