Seymour v. Bennet
Massachusetts Supreme Judicial Court
This was an action of assumpsit, brought to recover one half ot the value of a dwelling-house, built by the plaintiff upon the land of the defendant.
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This was an action of assumpsit, brought to recover one half ot the value of a dwelling-house, built by the plaintiff upon the land of the defendant. The declaration contained counts for work- and labor, for goods sold and delivered, for money had and received, and money laid out and expended, and also for the price or value of a house sold by the plaintiff to the defendant, (a) * The facts which the plaintiff undertook to prove, in support of his action, at the trial had at the last April term in this county, upon the general issue, before Jackson, J., were, that, in the year 1807, the…
1Per curiam
If the contract set forth in the declaration had been rescinded by mutual consent, or if the defendant had done any act by which it became impossible to perform it, an action would lie for the consideration paid, and perhaps for the labor and services performed, by the plaintiff, pursuant to the contract; and we do not see that the statute of frauds would interpose an obstacle.
But the case reported does not show such a state of * things. On the contrary, it shows that the plaintiff alone claims to rescind the contract, without offering to perform what he had undertaken on his part. The deed…
2Cases cited1 opinion
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
3Cited by12 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Grant v. GrantSupreme Court of Connecticut · 1893
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Young v. . HunterNew York Court of Appeals · 1852
- Faxon v. MansfieldMassachusetts Supreme Judicial Court · 1806
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