Campbell v. Haven
Massachusetts Supreme Judicial Court
Contract for breach of an agreement by the defendants, contained in a deed to the plaintiff dated July 3,1899, of land on Huntington Avenue in Boston, “to pay any assessment which may lawfully be made under the vote of the board of street commissioners passed Jany. 5, 1895, for widening, extending and constructing Huntington Avenue, and for payment of which any lien now exists on said lot.”
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Contract for breach of an agreement by the defendants, contained in a deed to the plaintiff dated July 3,1899, of land on Huntington Avenue in Boston, “to pay any assessment which may lawfully be made under the vote of the board of street commissioners passed Jany. 5, 1895, for widening, extending and constructing Huntington Avenue, and for payment of which any lien now exists on said lot.” Writ dated January 30, 1906. The case was referred to Clarence H. Cooper, Esquire, as auditor, and, after the filing of the auditor’s report, was tried before Fox, J. The only evidence introduced was the…
1Opinion of the CourtSheldon, J.
The covenant of the defendants was merely to pay any assessment such as was mentioned in their deed for the payment of which any lien then (July 3, 1899) existed on the lot which they conveyed. An assessment was laid upon the lot in June, 1900, and if this had been a valid assessment it is not denied that the defendants would have been bound to pay it. But it was invalid, and no assessment then could be laid because the work had been illegally done. Warren v. Street Commissioners, 181 Mass. 6, and 183 Mass. 119. There was then no power to lay any other or further assessment for the work that…
2Cases cited5 opinions
- Warren v. Street CommissionersMassachusetts Supreme Judicial Court · 1902
- Warren v. Street CommissionersMassachusetts Supreme Judicial Court · 1905
- Warren v. Street CommissionersMassachusetts Supreme Judicial Court · 1903
- Maloy v. HollMassachusetts Supreme Judicial Court · 1906
- New England Hospital for Women & Children v. Street CommissionersMassachusetts Supreme Judicial Court · 1905
3Cited by2 opinions
- Stoneman v. City of BostonMassachusetts Supreme Judicial Court · 1928
- Massachusetts General Hospital v. City of BostonMassachusetts Supreme Judicial Court · 1912