Robert L. Ungerer v. Charles L. Smith, City of Pittsfield

BAILEY ALDRICH, Senior Circuit Judge.

In the fall of 1978 the then mayor of defendant City of Pittsfield, Paul Brindle, and plaintiffs Ungerer et al. (sometimes Pyramid) reached an understanding that plaintiffs should construct a retail shopping mall in Pittsfield with the city’s assistance. The questions are whether the evidence supports a finding that this understanding reached a point in form and substance sufficient to constitute a contract, and whether, if it did, it was legally binding on the city. Contract or not, the understanding was subsequently repudiated by defendant Charles L.…