148 Mass. 196 | Mass. | 1889
There was sufficient evidence, in our opinion, to warrant a finding by the jury, that there was a waiver of the requirement of a written permit, which would be binding upon the city. The provision requiring the permit to be in writing was merely for the benefit and convenience of the city. Mo general principle of public morals or policy is involved in it. Such a provision may be waived, like any other requirements intended merely for the security or benefit of a party, no matter whether contained in a contract, a city ordinance, a statute, or in the Constitution itself. Morrison v. Underwood, 5 Cush. 52, 55. Pacific Ins. Co. v. Canterbury, 104 Mass. 433, 435. See also Rutland v. County Commissioners, 20 Pick. 71, 81, 83, where a waiver by a town was established from acts of its officers.
New trial ordered.