RYAN v. SOMERVILLE


328 Mass. 324 (1952)

103 N.E.2d 707

FRANCIS E. RYAN vs. CITY OF SOMERVILLE & another.

Supreme Judicial Court of Massachusetts, Middlesex.

January 30, 1952.


Attorney(s) appearing for the Case

C.S. McLaughlin, for the plaintiff.

G.R. Farnum, (R.J. Muldoon, City Solicitor, with him,) for the defendants.

Present: QUA, C.J., LUMMUS, RONAN, & SPALDING, JJ.


LUMMUS, J.

On August 16, 1950, the plaintiff filed this bill in equity against the city of Somerville and its mayor, John M. Lynch, to have adjudged valid a contract awarded by the city to the plaintiff on December 14, 1949, for the collection of garbage in said city for five years. The defendants deny the validity of the contract. The judge found specially that the contract "did not contain certification by the city auditor as required by law," and entered a final...

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