United States First Circuit

In plaintiff's suit against the city of Boston over a dispute over payment for road salt that the company supplied during the winter of 2004-2005, judgment for the city is affirmed where: 1) the district court correctly determined as a matter of law that no new contract was created between the city and plaintiff that would satisfy the requirements of Chapter 30B or the City Charter, and that such failure was not excused by the emergency provisions of chapter 30B; and 2) the district court did not err in concluding that plaintiff was not entitled to relief under a theory of equitable estoppel as the Massachusetts Supreme Judicial court has consistently refused to allow equitable recovery on a contract that does not comply with the material requirements of public bidding laws.

Appellate Information

• Decided 12/21/2009
• Published 12/21/2009

Judges

• JOHN R. GIBSON, Circuit Judge., Before BOUDIN, JOHN R. GIBSON, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bruce W. Edmands with whom Julia B. Vacek and Eckert Seamans Cherin & Mellott, LLC were on brief for appellant.


• For Appellees:
  
• Adam Cederbaum with whom William F. Sinnott, Corporation Counsel, and Scott C. Holmes, Assistant Corporation Counsel, City of Boston Law Department, were on brief for appellee.