Massachusetts Supreme Judicial Court May 26, 1920 (Boston & Maine Railroad v. T. Stuart & Son Co.)

Jenney, J.

This action is before us on a case stated, reported by a judge of the Superior Court under St. 1917, c. 345, without any decision. The facts, so far as material, are as follows:

“The plaintiff and the defendant on June 24, 1912, made an agreement in writing . . . concerning the work to be done and the material to be used” in the elimination of a railroad crossing at grade in Somerville.