Boston Electric Co. v. City of Cambridge
Massachusetts Supreme Judicial Court
Contract, to recover $250, the balance alleged to be due the plaintiff under a contract to furnish the electrical appliances for a school building in the defendant city. Trial in the Superior Court, before Fessenden, J., who declined to rule, as requested by the defendant, that the plaintiff could not recover; directed the jury to return a verdict for the plaintiff; and, at the request of the parties, reported the case for the determination of this court.
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Contract, to recover $250, the balance alleged to be due the plaintiff under a contract to furnish the electrical appliances for a school building in the defendant city. Trial in the Superior Court, before Fessenden, J., who declined to rule, as requested by the defendant, that the plaintiff could not recover; directed the jury to return a verdict for the plaintiff; and, at the request of the parties, reported the case for the determination of this court. If, upon the facts agreed, the jury would have been justified in finding for the plaintiff, judgment was to be entered upon the verdict;…
1Opinion of the CourtAllen, J.
The claim of the plaintiff in this case is so meritorious that we regret that the rules of law do not allow a recovery of the amount claimed.
The facts stated in the report fail to show authority on the part of the committee on public property to contract the debt sued for. This committee is stated to be a joint standing committee of the city council, appointed yearly, but its general powers and duties are not shown, further than its name implies. *65This of itself does not show authority to incur debts in behalf of the city. We have then to see what special authority the committee had. In the…
2Cases cited9 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Stuart v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Turney v. Town of BridgeportSupreme Court of Connecticut · 1887
- Davies v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Robert G. Lassiter & Co. v. TaylorSupreme Court of Florida · 1930
- Wheelock v. City of LowellMassachusetts Supreme Judicial Court · 1907
- Tobin v. Town CouncilWyoming Supreme Court · 1933
- Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911
- Simpson v. City of MarlboroughMassachusetts Supreme Judicial Court · 1920
24 more not listed; retrieve them via the Exa API.