Legal Opinion

McNeil v. Boston Chamber of Commerce

Massachusetts Supreme Judicial Court

Decided September 1, 1891PublishedCited by 27 opinions

Contbagt, for breach of an alleged agreement to employ the plaintiff as the lowest bidder to erect the new Chamber of Commerce for the defendant, which agreement was entered into with him by a building committee appointed under the following vote, passed on October 9, 1889, by the defendant’s stockholders: “Voted, that a committee of five be appointed by the chairman of this meeting, of whom the president shall be one, with full powers and authority to procure plans and…

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Contbagt, for breach of an alleged agreement to employ the plaintiff as the lowest bidder to erect the new Chamber of Commerce for the defendant, which agreement was entered into with him by a building committee appointed under the following vote, passed on October 9, 1889, by the defendant’s stockholders: “Voted, that a committee of five be appointed by the chairman of this meeting, of whom the president shall be one, with full powers and authority to procure plans and specifications for a building, and make all contracts for the erection and completion of the same, subject to the approval…

1Opinion of the CourtAllen, J.

There was sufficient evidence to warrant the finding that the members of the committee on building, who were present at the conference of March 15, 1890, purported to make a contract on behalf of the defendant, by which they agreed to .accept the lowest bid, in case the building was built substantially in accordance with the plans and specifications submitted, without reserving the right to reject bids in that case. The presiding justice, in his charge to the jury, called attention to the distinct difference in the testimony introduced on the one side and on the other. Five different builders…

2Cases cited8 opinions

  1. Bartlett v. StanchfieldMassachusetts Supreme Judicial Court · 1889
  2. Insurance Company v. McCainSupreme Court of the United States · 1878
  3. Bronson's v. ChappellSupreme Court of the United States · 1871
  4. Mining Co. v. Anglo-Californian BankSupreme Court of the United States · 1881
  5. Case v. BankSupreme Court of the United States · 1880

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3Cited by27 opinions

  1. Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
  2. New England Insulation Co. v. General Dynamics Corp.Massachusetts Appeals Court · 1988
  3. Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
  4. Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
  5. Anderson v. Public SchoolsSupreme Court of Missouri · 1894

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