Devir v. Mayor of Malden

This is an appeal from a final decree dismissing the plaintiffs’ bill of complaint. The bill was *504brought by more than ten taxable inhabitants under G. L. c. 40, § 53. The case was presented to the court upon a stipulation and agreement between parties which stated, or referred to, certain facts, and defined the issues presented therein for the determination of the court.

On June 24, 1931, the street and water commissioners of the city of Malden duly published an advertisement in a newspaper published in Malden, in terms and figures as follows: "City of Malden. Proposals for Furnishing and…