[Download] "Benjamin Foster Co. v. Commonwealth" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Benjamin Foster Co. v. Commonwealth
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 07, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
QUA, Justice. This petition is prosecuted under G.L.(Ter.Ed.) c. 258 to recover for work done and for damages sustained by the petitioner acting as contractor for the metropolitan district water supply commission, St.1926, c. 375; St. 1927, c. 321, in respect to 'Item 8' of 'Contract No. 52,' dated August 24, 1936, relating to the construction of the embankment for the main dam of Quabbin Reservoir. The work out of which this litigation arises was performed during the spring, summer and autumn seasons of the years 1937 and 1938. The petitioner contends that no express contract ever came into existence between the parties, or that if such contract did come into existence the petitioner was induced to enter into it by representations made in behalf of the Commonwealth which were substantially false or which were at least only half truths that by reason of concealment of material facts amounted to fraud, and that the Commonwealth broke the contract after it was made. Claim 1 of the petition is a claim to recover $892,581.30 and interest for breach of contract in several respects which, in so far as they are still pressed, will be dealt with later in this opinion. Claim 2 appears to be a claim for damages for deceit, but since damages cannot be recovered against the Commonwealth in tort, Arthur A. Johnson Corp. v. Commonwealth, 318 Mass. 88, 60 N.E.2d 364, this claim need not be further considered. Claim 3 is for an undisputed balance most of which has now been paid. An offer of judgment has been made for the remainder. This claim is no longer in controversy. Claim 4 is to recover $892,581.30 and interest on quantum meruit for work and materials and rests upon the theory that no express contract ever came into existence or upon the theory of rescission of the contract for the alleged fraud. Long v. Inhabitants of Athol, 196 Mass. 497, 506, 82 N.E. 665, 17 L.R.A.,N.S., 96. Claims 1 and 4 are in the alternative. No question has been raised as to the propriety and sufficiency of the pleadings. We treat claims 1 and 4 as adequate bases for recovery on the grounds contended for by the petitioner, if necessary facts have been established.