Brackett v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity, filed on November 14,1890, for specific performance by the defendant of its agreement to purchase land. Hearing before Lathrop, J., who reserved the case for determination by the full court, a final decree to be made in accordance with such determination. The facts appear in the opinion. The case was argued at the bar in January, 1892, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtLathrop, J.
In 1889, the city council of the city of Boston undertook to make a contract with the plaintiff for the purchase of a parcel of land for a public playground. The only ground of defence is, that under the St. of 1885, c. 266, amending the charter of the city of Boston, the power to make such a contract was taken away from the city council.
Under the revised charter of 1854 of the city of Boston, (St. 1854, c. 448,) the mayor had but little power, although it was declared, by § 45, that he “ shall be taken and deemed to be the chief executive officer of said corporation.” The executive powers of…
2Cited by2 opinions
- Attorney General v. VarnumMassachusetts Supreme Judicial Court · 1897
- Green v. City of EverettMassachusetts Supreme Judicial Court · 1901