Bartlett v. City of Boston
Massachusetts Supreme Judicial Court
Contract for the amount of an assessment paid by Henry Lee, the plaintiffs testator, for benefits to certain lots of land from the construction of West Newbury Street, contrary to a provision contained in a deed from Henry Lee and other landowners, alleged to have been accepted by the city of Boston. Writ dated February 2, 1901. In the Superior Court the case was heard by Mason, C. J. upon an agreed statement of facts.
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Contract for the amount of an assessment paid by Henry Lee, the plaintiffs testator, for benefits to certain lots of land from the construction of West Newbury Street, contrary to a provision contained in a deed from Henry Lee and other landowners, alleged to have been accepted by the city of Boston. Writ dated February 2, 1901. In the Superior Court the case was heard by Mason, C. J. upon an agreed statement of facts. The deed in question conveyed in fee to the city of Boston the land of the grantors required for the construction of West Newbury Street, and contained the following provision…
1Opinion of the CourtHammond, J.
This is an action of contract. No question of pleading is raised, the case being submitted upon a statement of facts agreed. It is also stipulated that the court “ may draw such inferences from the facts stated as a jury would be warranted in doing.” At the trial in the Superior Court the plaintiff relied wholly upon the alleged breach of the agreement contained in the deed of the plaintiff’s testator to the defendant.
The judge refused to give certain rulings requested by the defendant, ruled that the facts agreed warranted a finding that the city had accepted the deed, and, having so ruled,…
2Cited by11 opinions
- Haufler v. ZotosMassachusetts Supreme Judicial Court · 2006
- Aspinwall v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Kirchner v. City of PittsfieldMassachusetts Supreme Judicial Court · 1942
- Mahony v. Board of Assessors of WatertownMassachusetts Supreme Judicial Court · 1972
- Putnam Machine Co. v. MustakangasMassachusetts Supreme Judicial Court · 1920
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