Home DEMOS BROTHERS GENERAL CONTRACTORS, INCORPORATED vs. MAYOR OF SPRINGFIELD.

322 Mass. 176

October 29, 1947 - December 9, 1947

Hampden County

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.

A petition for a writ of mandamus to require the mayor of a city to sign a contract which was valid without his signature rightly was dismissed.

PETITION for a writ of mandamus, filed in the Superior Court on July 17, 1946.

The case was heard by Donnelly, J.

In this court the case was submitted on briefs.

L. C. Henin, for the petitioner.

S. A. Moynahan, City Solicitor, & C. D. Sloan, Assistant City Solicitor, for the respondent.


WILKINS, J. This is a petition for a writ of mandamus to require the respondent mayor to sign the contract with the petitioner for water main construction which is the

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subject of our opinion in Demos Brothers General Contractors, Inc. v. Springfield, decided this day, ante, 171. The judge, after hearing, entered an order dismissing the petition, and the petitioner excepted. As the contract is valid without the mayor's signature, there is no occasion for a writ to issue. Amory v. Assessors of Boston, 306 Mass. 354 , 357-358. Seney v. Board of Health of Northampton, 314 Mass. 272 , 273.

Exceptions overruled.