Palmer v. Clark
Massachusetts Supreme Judicial Court
Contract against the sheriff of Suffolk, to recover compensation for filling territory in the south part of Boston to a higher level.
Read the full summary
Contract against the sheriff of Suffolk, to recover compensation for filling territory in the south part of Boston to a higher level. The first count was upon a written agreement signed by the parties, under date of August 7, 1866, expressed to be entered into by the defendant as sheriff of Suffolk, and containing the following stipulations : “ Palmer agrees to fill in with clean earth or coarse gravel so much of the territory as the sheriff shall direct to be filled, and that the filling shall be performed in a workmanlike manner, and brought up to the grade known as grade 9, and done in a…
1Opinion of the CourtColt, J.
The plaintiff agreed with the defendant, by written contract, to fill with gravel a certain district described in an order of the superior court for the transaction of criminal business, which was issued for the abatement of a nuisance caused by stagnant water. By the terms of the contract, and as a mode of fixing compensation, the amount of gravel deposited in filling it to a fixed grade was to be measured on the ground by the city engineer, whose measurements were to be conclusive. After the work was done, the defendant received two certificates or returns of the city engineer, stating the…
2Cases cited4 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Vanderwerker v. Vermont Central RailroadSupreme Court of Vermont · 1854
3Cited by65 opinions
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Burgess v. Mayor of BrocktonMassachusetts Supreme Judicial Court · 1920
- Bewick v. MechamCalifornia Supreme Court · 1945
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
60 more not listed; retrieve them via the Exa API.