7 Mass. App. Ct. 902 | Mass. App. Ct. | 1979
1. The action was properly dismissed under the provisions of Mass.R.Civ.P. 56(b), 365 Mass. 824 (1974). a. If the effort was to recover money damages from the city of Boston (city) for breach of the (admittedly) oral contract alleged in the complaint, the action was barred by the provisions of St. 1890, c. 418, § 6, as amended through St. 1955, c. 60, § 1. See Wheaton Bldg. & Lumber Co. v. Boston, 204 Mass. 218, 222 (1910); Morse v. Boston, 253 Mass. 247, 251-252 (1925), S.C., 260 Mass. 255 (1927); Adalian Bros. v. Boston, 323 Mass. 629, 631-632 (1949); Singarella v. Boston, 342 Mass. 385, 387-389 (1961); Police Commr. of Boston v. Boston, 343 Mass. 480, 485 (1962); Central Tow Co. v. Boston, 371 Mass. 341, 344 n.9 (1976); Urban Transport, Inc. v. Mayor of Boston, 373 Mass. 693, 695-698 (1977). Compare United
d. It is clear from the papers reproduced in the record appendix that none of the other questions sought to be argued here was raised below. See John B. Deary, Inc. v. Crane, 4 Mass. App. Ct. 719, 724 (1976); Colman v. School Comm. of Swansea, 6 Mass. App. Ct. 912, 913 (1978). 2. The plaintiffs were not harmed if (contrary to the recital therein) the judgment was entered without an opportunity for them to be heard on the recommendation of the special master; it is obvious from the papers that all the plaintiffs’ then contentions were briefed in connection with the judge’s denial of the plaintiffs’ motion to vacate the judgment. The order denying that motion and the judgment are affirmed.
So ordered.