Preble v. Baldwin
Massachusetts Supreme Judicial Court
This was an action of assumpsit. The writ originally contained only the money counts, under which the plaintiff filed no specification of his claim.
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This was an action of assumpsit. The writ originally contained only the money counts, under which the plaintiff filed no specification of his claim. After the writ had been in court one term, the plaintiff had leave to file an additional count, specifying his cause of action; and he thereupon filed a special count, stating in substance as follows: — That by a certain agreement made on the 6th of May, 1847, by and between the defendant and one George N. Comer, agent for the plaintiff, it was agreed that the plaintiff should, within on'e week, make, execute, and deliver to the defendant a good…
1Opinion of the CourtWilde, J.
At the trial of this case, the plaintiff's counsel offered to prove, by oral testimony, the contract set out in the special count in the declaration. To this evidence the defendant’s counsel objected, and the same was rejected by the court, and to this rejection the plaintiff’s counsel excepted.
The first objection was, that oral testimony by the statute of frauds was not admissible to contradict or vary the terms of a contract for the sale of real estate. But we are of opinion, that the contract in this case was not such a contract. It is true, that the plaintiff’s contract with the defendant…
2Cases cited14 opinions
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Benedict v. LynchNew York Court of Chancery · 1815
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
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3Cited by27 opinions
- Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Day v. CatonMassachusetts Supreme Judicial Court · 1876
- American Tube Works v. Boston Machine Co.Massachusetts Supreme Judicial Court · 1885
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
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