Legal Opinion

McGovern v. City of Boston

Massachusetts Supreme Judicial Court

Decided February 27, 1918PublishedCited by 24 opinions

Bill in equity, filed in the Supreme Judicial Court on February 28, 1917, for a rescission of a contract entered into by the plaintiffs and the defendant, acting by the Boston transit commission, for the construction of a section of the Dorchester tunnel, so called, after the work had been completed by the plaintiffs, and for a recovery upon a quantum meruit for work done and labor and materials furnished. The defendant demurred to the bill.

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Bill in equity, filed in the Supreme Judicial Court on February 28, 1917, for a rescission of a contract entered into by the plaintiffs and the defendant, acting by the Boston transit commission, for the construction of a section of the Dorchester tunnel, so called, after the work had been completed by the plaintiffs, and for a recovery upon a quantum meruit for work done and labor and materials furnished. The defendant demurred to the bill. The demurrer was heard and was sustained by Carroll, J., who reported the case to the full court for determination, with a stipulation that, if the full…

1Opinion of the CourtCrosby, J.

This is a bill in equity brought to rescind a completed contract made by the plaintiffs with the Boston transit commission for the construction of Section E of the Dorchester tunnel, so called, and to recover the value of the work done on a quantum meruit. The defendant’s demurrer to the bill was sustained by a single justice, who reported the case to this court.

*396The Boston transit commission was created, and its duties were defined by St. 1894, c. 548, and acts in addition and amendment thereto. The contract in question was authorized by; St. 1911, c. 741, and was dated December 16, 1914.…

2Cases cited17 opinions

  1. Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
  2. Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
  3. Codman v. CrockerMassachusetts Supreme Judicial Court · 1909
  4. Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
  5. McLean v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1913

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3Cited by24 opinions

  1. Cobb v. City of MaldenCourt of Appeals for the First Circuit · 1953
  2. City of Lowell v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1943
  3. Adalian Bros. v. City of BostonMassachusetts Supreme Judicial Court · 1949
  4. Massachusetts General Hospital v. City of RevereMassachusetts Supreme Judicial Court · 1982
  5. Park Drive Towing, Inc. v. City of RevereMassachusetts Supreme Judicial Court · 2004

19 more not listed; retrieve them via the Exa API.

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