Webber v. Holmes
Massachusetts Supreme Judicial Court
Bill in equity, filed December 3, 1898, to restrain the defendants from foreclosing a mortgage, and from collecting a note secured by the mortgage. Hearing in the Superior Court, before Hardy,' J., who ordered the bill to be dismissed, and at the request of the plaintiffs reported the case for the determination of this court.
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Bill in equity, filed December 3, 1898, to restrain the defendants from foreclosing a mortgage, and from collecting a note secured by the mortgage. Hearing in the Superior Court, before Hardy,' J., who ordered the bill to be dismissed, and at the request of the plaintiffs reported the case for the determination of this court. If the refusal to give a certain ruling, which is stated in the opinion, was correct, judgment was to be entered upon the finding; if incorrect, such decree was to be entered as justice might require. The material facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiffs, by their bill in equity, asked an injunction against the defendants to prevent the foreclosure of a mortgage and the collection of a note given by them to the defendants. The note was given in payment of a commission for services as brokers in selling the plaintiffs’ real estate. *411It bears date May 11,1896, is for the sum of $400, is payable in instalments of fifty dollars each on the first day of November in each year, and contains a provision as follows: “ If the sale of our farm to Grace H. Chapin falls through before January 1st, 1897, then this note is to be void.” This…
2Cited by2 opinions
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- Zaltman v. ForbesMassachusetts Appeals Court · 1974