Lord v. Town of Winchester

Decision Date29 January 1969
Citation244 N.E.2d 730,355 Mass. 788
PartiesHerbert LORD v. TOWN OF WINCHESTER.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

Herbert Lord, pro se.

No argument or brief for defendant.

Before WILKINS, C.J., and SPALDING, WHITTEMORE, SPIEGEL and REARDON, JJ.

RESCRIPT.

This is an action of contract in which the plaintiff seeks to recover for services and expenses he incurred in his efforts to prevent the defendant from selling certain land. The plaintiff appeals from the order of the Appellate Division dismissing a report from the District Court judge who found for the defendant. The Appellate Division was correct in stating that '(f)or a municipality to be bound * * * there must be a contract and not only must there be an underlying authority in the municipality to make the contract, but * * * (it) must be made on its behalf by a duly authorized agent. If any of these elements is missing, there is no liability on the municipality to perform even in quantum meruit.' City of Lowell v. Massachusetts Bonding & Ins. Co., 313 Mass. 257, 272, 47 N.E.2d 265, 146 A.L.R. 750. The plaintiff admits he was a volunteer. There was no error.

Order dismissing report affirmed.

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7 cases
  • Massachusetts General Hospital v. City of Revere
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 12 Abril 1982
    ...into a valid contract. First among these is an underlying authority in the municipality to make the contract. Lord v. Winchester, 355 Mass. 788, 789, 244 N.E.2d 730 (1969). We have found no basis, either statutory or in common law, that gives to Revere the authority to contract with a hospi......
  • KVS Information Systems, Inc. v. Town of Tisbury
    • United States
    • U.S. District Court — District of Massachusetts
    • 17 Diciembre 1990
    ...772, 774, 434 N.E.2d 185 (1982), rev'd on other grounds, 463 U.S. 239, 103 S.Ct. 2979, 77 L.Ed.2d 605 (1983); Lord v. Winchester, 355 Mass. 788, 789, 244 N.E.2d 730 (1969). Several prerequisites must be met before a municipality can be said to have entered into a valid contract. Massachuset......
  • Cox v. Norton Police Dept.
    • United States
    • Massachusetts Superior Court
    • 27 Septiembre 2000
    ...at 1004; Massachusetts General Hospital v. Revere, 385 Mass. 772, 775-76 (1982), rev'd on other grounds 463 U.S. 239; Lord v. Winchester, 355 Mass. 788, 789 (1969); Adalian Bros., Inc. v. City of Boston, 323 629, 632 (1949). Cox argues, however, that although the statute vests authority in ......
  • South Boston Betterment Trust v. Boston Redevelopment Authority
    • United States
    • Massachusetts Superior Court
    • 4 Septiembre 2001
    ...MOU, therefore, is not binding as a contract because constitutionally it cannot be enforced by a court of law. See, e.g., Lord v. Winchester, 355 Mass. 788 (1969); Potter & McArthur, Inc. v. City of Boston, Mass.App.Ct. 454,459-60 (1983). "In the absence of constitutional or statutory viola......
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