Legal Opinion

Palmer v. Inhabitants of Haverhill

Massachusetts Supreme Judicial Court

Decided January 15, 1868PublishedCited by 8 opinions

Contract on a bid made by the plaintiff to the selectmen of Haverhill for building sewers; and for time and money spent in preparing estimates therefor. In the superior court the facts were agreed substantially as follows: In the warrant for the annual town meeting in March 1866, there were articles to see if the town would vote to build sewers on Main, White and Chestnut Streets.

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Contract on a bid made by the plaintiff to the selectmen of Haverhill for building sewers; and for time and money spent in preparing estimates therefor. In the superior court the facts were agreed substantially as follows: In the warrant for the annual town meeting in March 1866, there were articles to see if the town would vote to build sewers on Main, White and Chestnut Streets. At an adjournment of this meeting, on March 26, it was voted “that the selectmen are hereby directed to contract for the building of” sewers in those streets, of materials and in a manner which the vote set forth in…

1Opinion of the CourtFoster, J.

In order to maintain this action the plaintiff must prove a contract between himself and the town. He *489seeks to do so by showing that he was the lowest bidder who answered an advertisement inviting proposals to build a sewer, and that by the terms of the proposals he was as such entitled to the contract.

The advertisement of the selectmen refers to, and must manifestly be construed in connection with, the plans and specifications according to which the work was to be done The advertisement alone would be unintelligible, and contains no description of the dimensions of the sewer, the place where…

2Cited by8 opinions

  1. Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
  2. Tainter v. City of WorcesterMassachusetts Supreme Judicial Court · 1877
  3. Weinstein v. GreenMassachusetts Supreme Judicial Court · 1964
  4. Elbe File & Binder Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1953
  5. Barker v. Inhabitants of ChesterfieldMassachusetts Supreme Judicial Court · 1869

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