Case law

WIT Corp. v. Weber

13 Mass. L. Rptr. 135 · Massachusetts Superior Court · Apr 25, 2001

To allege a claim for unjust enrichment, WIT must allege that it: (1) conferred a measurable benefit upon Brown; and (2) Brown accepted the services with the expectation of compensating WIT. See Bolen v. … Salamon v. Terra, 394 Mass. 857, 859 (1985). In the case at bar, Brown reasonably could have anticipated only that Weber would be obligated under Weber’s contract with WIT.

Wellesley Housing Authority v. S. & A. Allen Construction Co.

340 Mass. 466 · Massachusetts Supreme Judicial Court · Mar 7, 1960

[V]oucher for final payment ... is due and payable immediately on approval of State housing board.” … Inc. v. Board of Conciliation & Arbitration, 339 Mass. 301, 302-303 , and cases cited. Nothing in Dondis v.

Young's Case

64 Mass. App. Ct. 903 · Massachusetts Appeals Court · Aug 31, 2005

The single justice also concluded that the board did not err in ruling that the IME opinion was based on a reasonable medical inference, and, like the board, found Patterson v. Liberty Mut. Ins. Co., 48 Mass. App. … Patterson v. Liberty Mut. Ins. Co., 48 Mass. App. Ct. at 595-597. This case also is distinguishable from Smith v. Bell Atlantic, 63 Mass. App.

Filosa's Case

295 Mass. 592 · Massachusetts Supreme Judicial Court · Nov 4, 1936

Board in awarding compensation to the dependents”; and (5) “That the decree entered by the Superior Court is not supported by the finding of the Industrial Accident Board.” … Quimby v. Boston Elevated Railway, 248 Mass. 364 .

Fordham v. Butera

450 Mass. 42 · Massachusetts Supreme Judicial Court · Nov 8, 2007

Burnham v. Board of Appeals of Gloucester, supra. … See Selectmen of Hatfield v. Garvey, 362 Mass. 821, 826 (1973); Owens v. Board of Appeals of Belmont, 11 Mass. App.

Perry v. Leveroni

252 Mass. 390 · Massachusetts Supreme Judicial Court · May 21, 1925

In principle the case at bar cannot be distinguished from Chippendale v. North Adams Savings Bank, 222 Mass. 499 . See also Brown v. Brown, 174 Mass. 197 ; Palmer v. … Treasurer & Receiver General, 222 Mass. 263 ; Attorney General v. Clark, 222 Mass. 291 ; Marble v. Treasurer and Receiver General, 245 Mass. 504 ; Moore v. Mansfield, 248 Mass. 210 .

McLean v. Mayor of Holyoke

216 Mass. 62 · Massachusetts Supreme Judicial Court · Oct 22, 1913

Crocker v. Justices of the Superior Court, 208 Mass. 162 . … French v. Jones, 191 Mass. 522, 532 . Deehan v. Johnson, 141 Mass. 23 . This present case does not present a mere ministerial function into the doing of which no element of sound discretion enters, as in Braconier v.

Faxon v. School Committee of Boston

331 Mass. 531 · Massachusetts Supreme Judicial Court · Jul 1, 1954

In Joyce v. Board of Education of Chicago, 325 Ill. … Goldway v. Board of Higher Education of New York, 178 Misc. (N. Y.) 1023. Koral v. Board of Education of New York , 197 Misc. (N. Y.) 221. A very recent similar decision is found in Board of Education of Los Angeles v.

Town of Chelmsford v. DiBiase

370 Mass. 90 · Massachusetts Supreme Judicial Court · Apr 6, 1976

Board of Appeals of Hanover v. Housing Appeals Comm. in the Dep’t of Community Af fairs, 363 Mass. 339, 354-355 (1973) (Hanover case). … See MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 641 (1970).

Gray v. Attorney General

474 Mass. 638 · Massachusetts Supreme Judicial Court · Jul 1, 2016

Student No. 9 v. Board of Educ., 440 Mass. 752, 759 (2004). … In Carney v.

Perry v. Building Inspector of Nantucket

4 Mass. App. Ct. 467 · Massachusetts Appeals Court · Jul 20, 1976

Compare Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 352-353 (1963); Chafer v. Board of Appeals of Milton, 348 Mass. 237, 244 (1964); Smigliani v. … Compare Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348 (1963), Chater v. Board of Appeals of Milton, 348 Mass. 237, 244 (1964), and Giovannucci v.

Turner v. Town of Oxford

338 Mass. 286 · Massachusetts Supreme Judicial Court · Jan 9, 1959

We think this agreement a valid one entered into by the board of health on behalf of the town. Cf. Dos Santos v. Peabody, 327 Mass. 519, 521 . … It may well be that the members of the board of health in operating the dump are acting in their capacity as public officers. See Malinoski v. D. S. McGrath, Inc. 283 Mass. 1, 9 .

Foley v. City of Haverhill

144 Mass. 352 · Massachusetts Supreme Judicial Court · May 5, 1887

Lowell v. Hadley, 8 Met. 180 , 192. Taber v. New Bedford, 135 Mass. 162 . Sisson v. New Bedford, 137 Mass. 255, 262 . Gilkey v. Watertown, 141 Mass. 317, 319 . … Hendrick v. Whittemore, 105 Mass. 23 . McCormick v. Fiske, 138 Mass. 379 . A hasty reading of Fitchburg Railroad v.

Berthiaume's Case

328 Mass. 186 · Massachusetts Supreme Judicial Court · Dec 5, 1951

It was on this slender basis that the board found that the injury occurred in July of 1942. … There was no error of law in the acceptance by the board of the opinion of Dr. Carmody. Marlow v. Dike, 269 Mass. 38, 40 . Dug-gan’s Case, 315 Mass. 355, 358 . Josi’s Case, 324 Mass. 415, 417-419 . The statute, G. L.

Cataldo Ambulance Service, Inc. v. City of Chelsea

43 Mass. App. Ct. 26 · Massachusetts Appeals Court · Jun 23, 1997

Co. v. … Ct. 991, 996 (1988) (selection boards must evaluate competitive bids on “common footing”). We employ the reasoning of the court in Fischbach & Moore, Inc. v. New York City Transit Authy., 79 A.D.2d 14 (N.Y. 1981).

Horvitz v. Commissioner of Revenue

51 Mass. App. Ct. 386 · Massachusetts Appeals Court · Apr 24, 2001

In DiStefano v. … Whether the board’s findings are supported by substantial evidence must be determined upon consideration of the entire record. Cohen v. Board of Registration in Pharmacy, 350 Mass. 246, 253 (1966).

Commonwealth v. Wong Chung

186 Mass. 231 · Massachusetts Supreme Judicial Court · Jun 23, 1904

State, 85 Md. 115 ; George v. State, 39 Miss. 570 ; Williams v. State, 37 Miss. 407, 409 ; Frank v. State, 39 Miss. 705 ; Croy v. State, 32 Ind. 384 ; Chase v. People, 40 Ill. 352 ; State v. Davis, 80 N. … Kohl v. Lehlback, 160 U. S. 293 . Commonwealth v. Jones, 1 Leigh, 598 . State v. McDonald, 9 W. Va. 456 . Collier v. State, 20 Ark. 36 . Casat v. State, 40 Ark. 511 .

Deal v. Commissioner of Correction

475 Mass. 307 · Massachusetts Supreme Judicial Court · Aug 25, 2016

Commonwealth v. Parent, 465 Mass. 395, 409 (2013). … See Schulman v.

Clean Harbors of Braintree v. BD. OF HEALTH, BRAINTREE

409 Mass. 834 · Massachusetts Supreme Judicial Court · Apr 29, 1991

See Ingersoll-Rand Co. v. McClendon, 111 S. Ct. 478, 482 (1990). “[T]he question whether a certain state action is pre-empted by federal law is one of congressional intent. … Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 208 (1985).

Pierce v. Stevens

205 Mass. 219 · Massachusetts Supreme Judicial Court · Feb 24, 1910

Ould v. Washington Hospital for Foundlings, 95 U. S. 303, 312 . Jones v. Habersham, 107 U. S. 174 . Crerar v. Williams, 145 Ill. 625, 648 . … Kingsbury v. Chapin, 196 Mass. 533, 538 .