Cutler v. Inhabitants of Ashland
Massachusetts Supreme Judicial Court
- Contract to recover $800 for building a town way in Ash-land. Writ dated June 10, 1874. At the trial in the Superior Court, before Colburn, J., it appeared that the town authorized the road to be built, and the road commissioners, by its authority, let it to the plaintiff, who was the lowest bidder, for $800, and he built the road; and that the road commissioners, after letting the contract to the plaintiff, made the following memorandum : “ Specification for building a…
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- Contract to recover $800 for building a town way in Ash-land. Writ dated June 10, 1874. At the trial in the Superior Court, before Colburn, J., it appeared that the town authorized the road to be built, and the road commissioners, by its authority, let it to the plaintiff, who was the lowest bidder, for $800, and he built the road; and that the road commissioners, after letting the contract to the plaintiff, made the following memorandum : “ Specification for building a town way in Ashland. “ For building a town way leading from Cherry Street to and across the Hopkinton Railroad, as by the…
1Opinion of the CourtGray, C. J.
The assignment by the nominal plaintiff to the real plaintiff was of “ the obligation hereto annexed, signed by Warren Morse, Willard Aldrich, Road Commissioners for Ash-land, Mass.,” and of “ all moneys now due and to become due thereon.”
The obligation thus identified was a contract, not under seal, purporting to be a “ specification for building a town way in Ashland,” “ as by the road commissioners reported to and allowed by the town at a meeting held the 27th day of August,” and providing that the road should be built in a certain time and manner, and “ to the satisfaction and acceptance…
2Cases cited5 opinions
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
- S. & J. Rathbon v. BudlongNew York Supreme Court · 1818
3Cited by4 opinions
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- Goodenough v. ThayerMassachusetts Supreme Judicial Court · 1882
- Cook v. GrayMassachusetts Supreme Judicial Court · 1882
- Dolan v. AlleyMassachusetts Supreme Judicial Court · 1891