Shea v. Inhabitants of Milford
Massachusetts Supreme Judicial Court
Contract, on an account annexed, to recover for work done and material furnished in the erection of a Memorial Hall in the town of Milford. At the trial in the Superior Court, Bacon, J., directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtW. Allen, J.
The committee was an agent of the town, and not a judicial body or a board of public officers, and the ruling of the court that the committee could act only as a body, and not by the agreement of individual members separately obtained, cannot be sustained. Haven v. Lowell, 5 Met. 35.
The defendant contends that the further ruling, that there was no evidence sufficient to show agency on the part of Swasey, or action by the committee, was right, for the reasons that the *529committee had no authority to make the contract under which the plaintiff claims, or authorize it to be made, and that the…
2Cited by14 opinions
- Morse v. City of BostonMassachusetts Supreme Judicial Court · 1925
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Wheelock v. City of LowellMassachusetts Supreme Judicial Court · 1907
- Boston Electric Co. v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Vinal v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1919
9 more not listed; retrieve them via the Exa API.