Marcus v. City of Boston

136 Mass. 350, 1884 Mass. LEXIS 107

Opinion

W. Allen, J.

The plaintiff admits that the facts stated in the biff do not show a contract, the specific performance of which can be enforced. It is quite as plain that the bill cannot be maintained to enforce the specific performance of a duty to make such a contract, which is the only relief sought. The plaintiff’s remedy, if he has any, is in damages.

Decree affirmed.