Legal Opinion

Murdough v. Inhabitants of Revere

Massachusetts Supreme Judicial Court

Decided January 2, 1896PublishedCited by 9 opinions

Contract, to recover damages alleged to have been sustained by the plaintiff by the refusal of the building committee of the defendant town to award to him, as the lowest bidder therefor, the contract for the construction of a schoolhouse. Trial in the Superior Court, before Blodgett, J., who' allowed a bill of exceptions, in substance as follows.

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Contract, to recover damages alleged to have been sustained by the plaintiff by the refusal of the building committee of the defendant town to award to him, as the lowest bidder therefor, the contract for the construction of a schoolhouse. Trial in the Superior Court, before Blodgett, J., who' allowed a bill of exceptions, in substance as follows. At a meeting of the defendant town, held on March 13,1893, it was “ Voted, that a committee of three be appointed by the chair to prepare, plans and specifications for an addition of four rooms to the Walnut Avenue School with hall above, and report…

1Opinion of the CourtAllen, J.

The committee, acting as a committee, adopted specifications, in which the right to reject any or all proposals was reserved. Two of the three members of the committee afterwards, acting individually, said that the job should be let to the lowest bidder, and on the strength of this the plaintiff *113made his proposal, which was the lowest; but the committee acting together awarded the contract to another bidder. The question is, Could the two members of the committee, acting individually, do away with the action of the board in reserving the right to reject proposals ? In our opinion, they could…

2Cases cited1 opinion

  1. Shea v. Inhabitants of MilfordMassachusetts Supreme Judicial Court · 1888

3Cited by9 opinions

  1. Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
  2. Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
  3. Larkin v. County CommissionersMassachusetts Supreme Judicial Court · 1931
  4. Damon v. Selectmen of FraminghamMassachusetts Supreme Judicial Court · 1907
  5. Barnard v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1915

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