160 Mass. 421 | Mass. | 1894
1. The defendants asked for a ruling, in substance, that after receiving the notice from the inspector of buildings Blackall had the right either to make the building safe and secure, or to remove it, as he might deem best; and that his election to remove it afforded no ground for imposing any liability upon Carter, the owner, even if the court should find that the
2. The defendants asked for a further ruling, in substance, that there was no evidence that any authority was given by the defendant Carter to the defendant Blackall to remove the building, or that Blackall assumed to act by such authority. The written agreement of June 27,1892, was signed by the defendant Carter as owner of the estate, and also by Blackall, and in express terms Carter as owner thereby consented and agreed that the new building might be erected, and gave to Blackall an option to purchase the estate with the finished building thereon, and took a guaranty for the erection of the building. The testimony of his son and agent goes also to show his sanction to the proceeding. The case in this respect is stronger than Case v. Minot, 158 Mass. 577, and is sufficient to show not only that Carter gave authority, but that Blackall acted upon it.
3. The third ruling asked for became immaterial by the finding of facts which negatived the supposition upon which the request rested, and established that the building was removed in pursuance of authority from Carter.