Brinley v. Tibbets
Supreme Judicial Court of Maine
This was an action of assumpsit, brought to recover the amount of a promissory note dated Oct. 28, 1824, given by the defendant to the plaintiff, payable in one year; and, it came before the court in a case stated by Parris J. from evidence adduced before him. It appeared that the plaintiff was a citizen of Massachusetts, who owned land in Starks in this county, on a lot of which the defendant resided.
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This was an action of assumpsit, brought to recover the amount of a promissory note dated Oct. 28, 1824, given by the defendant to the plaintiff, payable in one year; and, it came before the court in a case stated by Parris J. from evidence adduced before him. It appeared that the plaintiff was a citizen of Massachusetts, who owned land in Starks in this county, on a lot of which the defendant resided. The defendant contracted for the purchase of this lot, with John Pitts, Esq., the plaintiff’s agent, giving him four promissory notes for the purchase-money, amounting in all to $305 60, of…
1Opinion of the Court
*72The opinion of the Court was delivered in Cumberland, at the adjournment of May term, in August following, by
Mellen C. J.
The note in suit is one of four given on the same day, viz. Oct. 28, 1824, for a certain lot of land, described in the receipt, given on the same day by Pitts, the agent of Brin-ley. In this receipt and contract no time is specified, within which the deed therein described was to be procured by said Pitts, though the note in suit was made payable in one year from its date. In the absence of such limitation the law requires that performance shall not be delayed beyond a…
2Cases cited1 opinion
- Shaw v. BradstreetMassachusetts Supreme Judicial Court · 1816