Earle v. De Witt
Massachusetts Supreme Judicial Court
Contract to recover back money paid by the plaintiff to the defendant. At the trial in this court, before Merrick, J., it appeared that on the 24th of July 1858 the defendant purchased at auction of William M. Bickford and Fitzroy Willard, who claimed and were believed by all the parties to be the assignees of Henry D. Stone, an insolvent debtor, certain factory property, real and personal, in North Oxford, formerly belonging to Stone, and consisting of woollen and cotton…
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Contract to recover back money paid by the plaintiff to the defendant. At the trial in this court, before Merrick, J., it appeared that on the 24th of July 1858 the defendant purchased at auction of William M. Bickford and Fitzroy Willard, who claimed and were believed by all the parties to be the assignees of Henry D. Stone, an insolvent debtor, certain factory property, real and personal, in North Oxford, formerly belonging to Stone, and consisting of woollen and cotton mills and machinery, for the sum of $3200; and on the 26th of the same July, Bickford and Willard executed a deed of…
1DissentMerrick, J.
I am unable, after mature deliberation, to concur with the majority of the court in the opinion that the defendant is entitled to judgment; and a strong conviction that it is erroneous induces me to state the reasons why I dissent from it.
The'action is brought to recover back the money paid by the plaintiff to the defendant in the execution on her part of a contract alleged by her to have been induced by the common mistake of the parties respecting a material fact, and made upon a consideration which has wholly failed. The contract, the payment of the money, the mistake and its materiality…
2Cases cited9 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Lazell v. MillerMassachusetts Supreme Judicial Court · 1818
- Inhabitants of Lancaster v. PopeMassachusetts Supreme Judicial Court · 1804
- D'Utricht v. MelchorSupreme Court of the United States · 1789
- Gardner v. The MayorNew York Supreme Court · 1857
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