(Download) "Town Saugus v. B. Perini & Sons" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Town Saugus v. B. Perini & Sons
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 15, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
RONAN, Justice. The town complains that the defendant, in violation of the zoning by-law, has excavated and removed for the purposes of sale large quantities of sod, loam, sand, gravel and stone from the defendant's premises in Saugus, and prays for an injunction to restrain further excavation and to restrain the defendant from maintaining a pit or hole that has resulted from the excavations heretofore made and which is filled with stagnant water. The case was referred to a master whose report was confirmed. The town appealed from a final decree which recited that no excavation had been made since December 13, 1937, and dismissed the bill without prejudice to the right of the town to bring a bill whenever it appears that the defendant intends to make any further excavations. The defendant entered into a written contract with the Commonwealth for the reconstruction of a section, a little less than four and seven tenths miles in length, of a state highway located in the towns of Lynnfield and Saugus and known as the Newburyport Turnpike. The compensation to be paid the defendant was fixed at a certain rate per unit of measurement on certain portions of the finished work, and in other instances was based upon a unit quantity rate for various materials used and employed in the prosecution of the work. The contract contained about ninety items aggregating $1,349,895.25, one of which was for 232,200 cubic yards of gravel, complete in place at 57 cents per cubic yard. The defendant agreed to furnish all equipment, machinery, tools and labor, 'to furnish and deliver all materials required to be furnished and delivered,' and to do and perform all work required to be done in conformity with the contract. The material that the defendant excavated from the premises in question was used by it in performing this road construction contract.