Inhabitants of Boston v. Brazer
Massachusetts Supreme Judicial Court
This was a special action of the case, stating an agreement made, on the 29th of January, 1810, between the defendant and certain other abutters upon Exchange Lane, in Boston, so called, severally of the one part, and the plaintiffs of the other part, reciting that the plaintiffs agreed to widen the said lane; and mutually promising each other to submit to the award of certain arbitrators concerning what each should severally receive or pay on account of the premises, as…
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This was a special action of the case, stating an agreement made, on the 29th of January, 1810, between the defendant and certain other abutters upon Exchange Lane, in Boston, so called, severally of the one part, and the plaintiffs of the other part, reciting that the plaintiffs agreed to widen the said lane; and mutually promising each other to submit to the award of certain arbitrators concerning what each should severally receive or pay on account of the premises, as they should, in the opinion of the arbitrators, be respectively damaged or benefited by the widening; that the arbitrators…
1Opinion of the CourtPutnam, J.
[After stating the declaration.] To this the de-
fendant has pleaded the general issue; and he contends that the plaintiffs are not entitled to recover, because, the action being upon mutual promises between the subscribers to the agreement, and upon no other consideration, the subscription of the committee of the selectmen will not bind the inhabitants, and therefore that the inhabitants are not bound.
By the statute of 1804, c. 27, the selectmen of the town of Boston for the time being are empowered to lay out any new street, or to widen any street, lane, or alley, whenever, in their opinion,…
2Cited by10 opinions
- City of Somerville v. DickermanMassachusetts Supreme Judicial Court · 1879
- Campbell v. Inhabitants of UptonMassachusetts Supreme Judicial Court · 1873
- Dist. Twp. of Walnut v. RankinSupreme Court of Iowa · 1886
- Osborn v. City of Fall RiverMassachusetts Supreme Judicial Court · 1886
- Scearce v. ScearceIndiana Supreme Court · 1855
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