Bacon v. Ward
Massachusetts Supreme Judicial Court
This was a writ of error to the Court of Common Pleas for this county, brought upon a judgment of that court, June, 1811, upon the report of referees appointed by an agreement of the parties entered into before a j'ustice of the peace, pursuant to the statute of 1786, c. 21. The demand annexed to the agreement, which was made by Ward against Bacon, for the non-performance of a certain contract, was without date.
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This was a writ of error to the Court of Common Pleas for this county, brought upon a judgment of that court, June, 1811, upon the report of referees appointed by an agreement of the parties entered into before a j'ustice of the peace, pursuant to the statute of 1786, c. 21. The demand annexed to the agreement, which was made by Ward against Bacon, for the non-performance of a certain contract, was without date. The submission was dated, “ Town of Gorham, in the county of Cumberland, 1811.” There was no date to the certificate of the justice. The referees date their report, “ Cumberland,…
1Opinion of the CourtSewall, J.
Without relaxing from the strictness which has prevailed in every case where a judgment upon the report of referees, appointed by a justice’s rule, as it is called, has been examined, we are of opinion that the judgment brought before us by this writ of error may be sustained.
A written date is not essential to a contract, when made m writing or under seal. A false or impossible date may be explained and corrected by extraneous evidence, whenever it is important to have the true date ascertained; that is, the time when the writing or deed was in fact signed or executed. (1)
This would be an…
2Cases cited20 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. Blue-Hill Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
- Short v. PrattMassachusetts Supreme Judicial Court · 1810
- McPherson v. CheadellNew York Supreme Court · 1840
- Lowell v. SpringMassachusetts Supreme Judicial Court · 1810
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3Cited by2 opinions
- Queen Ins. Co. of America v. CitroCourt of Appeals for the Seventh Circuit · 1932
- Hampshire & Hampden Canal Co. v. AshleyMassachusetts Supreme Judicial Court · 1834