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eBook details

• Title: Antoun v. Commonwealth
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 17, 1939
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

LUMMUS, Justice. This is a petition under G.L.(Ter.Ed.) c. 258, to enforce against the Commonwealth a claim for the alleged breach of a contract. The Judge ordered judgment for the respondent, and reported the case. Since the matter was presented upon a case stated, the requests for rulings reported are of no consequence, and will not be considered. Howland v. Stowe, 290 Mass. 142, 146, 194 N.E. 888. After a purported taking of the petitioner's land by the county of Worcester, which was invalid for failure to state the interest taken (G.L.[1921] c. 79, § 1; Walker v. Medford, 272 Mass. 161, 172 N.E. 248; Malinoski v. D. S. McGrath, Inc., 283 Mass. 1, 9, 186 N.E. 225), the Department of Public Works, on September 9, 1930, took the land for the Commonwealth for the purpose of a State highway. Upon the petitioner's land taken, there were one building and parts of three others, the remainder of the buildings being on other land of the petitioner not taken. Orally it was agreed, about November 20, 1930, between the petitioner and the Department of Public Works, that the buildings on the land taken should be moved to the other land of the petitioner according to plans and specifications incorporated in a contract for the moving, dated December 9, 1930, between the department and a contractor. The buildings were moved. But the petitioner complains of a failure to move them in accordance with the plan and specifications. It is agreed that there was that failure, and that the petitioner suffered damage thereby to the extent of $2,103.

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