Handforth v. Jackson
Massachusetts Supreme Judicial Court
Contract. The original declaration was as follows : “ And the plaintiff says that said Jackson and one Oscar Bar dwell were the owners of a certain tract of land situate in Greenfield in said county, upon which land and constituting" a part of the realty were four ice-houses.
Read the full summary
Contract. The original declaration was as follows : “ And the plaintiff says that said Jackson and one Oscar Bar dwell were the owners of a certain tract of land situate in Greenfield in said county, upon which land and constituting" a part of the realty were four ice-houses. And the plaintiff says that in consideration of eleven cows and two horses, which he, the said plaintiff, delivered to said Jackson and which he, the said'Jackson, accepted, he, the said Jackson, bargained and sold to him, the said plaintiff, the said four ice-houses and sundry tools, and further agreed to give him five…
1Opinion of the CourtC. Allen, J.
At the trial, the plaintiff contended that the defendant’s agreement to withdraw from the ice business in Greenfield was illegal and void, but he does not insist upon that in this court. The limitation of space saves the agreement from being in illegal restraint of trade. See Bishop v. Palmer, 146 Mass. 469, and cases there cited. But the plaintiff’s main contention before us is, that the ice-houses were real estate, and so did not pass to him; and that the defendant by his deed to Mrs. Boutwell conveyed the title to her, and thus cut off the plaintiff’s title to them, and that therefore the…
2Cases cited5 opinions
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Ballou v. BillingsMassachusetts Supreme Judicial Court · 1884
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
- Korbe v. BarbourMassachusetts Supreme Judicial Court · 1881
3Cited by12 opinions
- Roberts v. Lynn Ice Co.Massachusetts Supreme Judicial Court · 1905
- Anchor Electric Co. v. HawkesMassachusetts Supreme Judicial Court · 1898
- Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
- Looney v. Trimount Theatres, Inc.Massachusetts Supreme Judicial Court · 1933
- O'Shea v. VaughnMassachusetts Supreme Judicial Court · 1909
7 more not listed; retrieve them via the Exa API.