Webb Granite & Construction Co. v. City of Worcester
Massachusetts Supreme Judicial Court
Contract on a contract in writing dated July 30, 1897, for the building by the plaintiff for the defendant of a stone bridge in substitution for a part of tbe causeway crossing Lake Quinsigamond. Writ dated August 24, 1898. In the Superior Court the case was heard by Fessenden, J., without a jury. He found for the plaintiff in the sum of $10,289.98; and the defendant alleged exceptions.
1Opinion of the CourtBraley, J.
The contract between the parties rests on an order of the city council passed May 24, 1897, that required the street commissioner, under the direction of the mayor, to construct “ a three arch masonry bridge ” at the causeway crossing Lake Quinsigamond, “ the cost of construction to be charged to street construction account.”
In the litigation which took place over this order, two suits were brought to test its validity. It was decided in one, that as the order was for specific repairs of a public way, which the city council had authority to make, a petition for a writ of certiorari to quash…
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