Madden v. City of Boston
Massachusetts Supreme Judicial Court
Contract, brought by Daniel A. Madden against the city of Boston as trustee under the will of Benjamin Franklin, and Alfred T. Turner, trustee. Writ dated February 10, 1899. The case came on for trial before Sheldon, J., on April 11, 1900. The plaintiff presented a written offer of proof. Thereupon, at the request of the defendant the judge ruled that the plaintiff’s offer of proof disclosed no cause of action, and directed a verdict for the defendant.
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Contract, brought by Daniel A. Madden against the city of Boston as trustee under the will of Benjamin Franklin, and Alfred T. Turner, trustee. Writ dated February 10, 1899. The case came on for trial before Sheldon, J., on April 11, 1900. The plaintiff presented a written offer of proof. Thereupon, at the request of the defendant the judge ruled that the plaintiff’s offer of proof disclosed no cause of action, and directed a verdict for the defendant. The plaintiff alleged exceptions. The plaintiff’s offer of proof included evidence tending to show the following facts : That Benjamin…
1Opinion of the CourtKnowlton, J.
In the view which we take of this case, many of the grounds of defence relied on by the defendant, and of the questions of law discussed at the argument, need not be considered. If we assume in favor of the plaintiff, without deciding, *356that the persons acting as managers or trustees of the Franklin Fund held by the city of Boston, were, at the time of the alleged contract, empowered to bind the city by a written contract for the purchase of land for a trades school, we come to the question whether they made a contract with the plaintiff for the city, as averred in the declaration.
The managers…
2Cases cited2 opinions
- McManus v. City of BostonMassachusetts Supreme Judicial Court · 1898
- Sherer v. TrowbridgeMassachusetts Supreme Judicial Court · 1883
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- Beck v. City of WatervilleSupreme Judicial Court of Maine · 1966
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