Fiske v. City of Worcester
Massachusetts Supreme Judicial Court
Contract upon a contract in writing for the purchase of four Knox automobile combination chemical engines and hose wagons, which was signed by David F. O’Connell, as mayor of the city of Worcester, on December 28, 1912, but which the chief of the fire department refused to sign, and which Mr. O’Connell’s successor as mayor, George M. Wright, repudiated in writing on January 25, 1913. Writ dated April 18, 1913. In the Superior Court the case was heard by Sanderson J., upon an…
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Contract upon a contract in writing for the purchase of four Knox automobile combination chemical engines and hose wagons, which was signed by David F. O’Connell, as mayor of the city of Worcester, on December 28, 1912, but which the chief of the fire department refused to sign, and which Mr. O’Connell’s successor as mayor, George M. Wright, repudiated in writing on January 25, 1913. Writ dated April 18, 1913. In the Superior Court the case was heard by Sanderson J., upon an agreed statement of facts. He ruled that the contract executed by David F. O’Connell, as mayor, did not bind the…
1Opinion of the CourtBraley, J.
The plaintiffs’ right of recovery depends upon whether under the provisions of the revised charter found in St. of 1893, c. 444, the mayor was authorized to execute in behalf of the city the contract in question.
It is declared in § 2, that the government, general management and control of all the fiscal, prudential and municipal affairs of the city shall be vested in a single officer called the mayor, and in a body to be called the city council, except that control of the. public schools shall be vested in a school committee. By § 23, “The mayor shall be the chief executive officer of the…
2Cases cited7 opinions
- Adams v. County of EssexMassachusetts Supreme Judicial Court · 1910
- Commercial Wharf Corp. v. City of BostonMassachusetts Supreme Judicial Court · 1911
- Webb Granite & Construction Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1905
- Goddard v. City of LowellMassachusetts Supreme Judicial Court · 1901
- Ryan v. City of BostonMassachusetts Supreme Judicial Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Adalian Bros. v. City of BostonMassachusetts Supreme Judicial Court · 1949
- Urban Transport, Inc. v. Mayor of BostonMassachusetts Supreme Judicial Court · 1977
- Eastern Massachusetts Street Railway Co. v. Mayor of Fall RiverMassachusetts Supreme Judicial Court · 1941
- United States Drainage & Irrigation Co. v. City of MedfordMassachusetts Supreme Judicial Court · 1917
- McGovern v. City of BostonMassachusetts Supreme Judicial Court · 1918
12 more not listed; retrieve them via the Exa API.