Wormstead v. City of Lynn
Massachusetts Supreme Judicial Court
Contract against the city of Lynn, for alleged breach of contract, with one count for loss of profits, and another for expenses incurred. Writ dated November 5, 1900. At the trial in the Superior Court Wait, J. ruled that the plaintiff was not entitled to recover, and ordered a verdict for the defendant. He reported the case for determination by this court.
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Contract against the city of Lynn, for alleged breach of contract, with one count for loss of profits, and another for expenses incurred. Writ dated November 5, 1900. At the trial in the Superior Court Wait, J. ruled that the plaintiff was not entitled to recover, and ordered a verdict for the defendant. He reported the case for determination by this court. If the city of Lynn could be bound by a custom or practice of the superintendent of streets to make contracts for the city in excess of the authority conferred upon him by statute and by the ordinances of the city, there was to be a new…
1Opinion of the CourtLoRlNGr, J.
This is an action for damages for breach of a contract in which the plaintiff’s claim was that the defendant city agreed to pay him for riprapping an embankment as part of the work necessary to carry into effect an order for widening *426a public way within the city limits. The breach relied on was a refusal on the part of the defendant to allow the plaintiff to do any work at all under the alleged contract. The defence set up ■was that it never entered into any contract with the plaintiff.
Where a public way is widened by the public authorities, it becomes the duty of the city or town in which it…
2Cases cited5 opinions
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Boston Electric Co. v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Abbott v. Inhabitants of North AndoverMassachusetts Supreme Judicial Court · 1888
- Bean v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1887
- Blanchard v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1889
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- Adalian Bros. v. City of BostonMassachusetts Supreme Judicial Court · 1949
- Tobin v. Town CouncilWyoming Supreme Court · 1933
- Continental Construction Co. v. City of LawrenceMassachusetts Supreme Judicial Court · 1937
- Paul v. City of SeattleWashington Supreme Court · 1905
- State ex rel. County Attorney v. Des Moines City Railway Co.Supreme Court of Iowa · 1913
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