French v. Folsom
Massachusetts Supreme Judicial Court
Contract for S500 paid by the plaintiff under an agreement in writing by which the defendant agreed to convey certain land to the plaintiff “by a good and sufficient deed.” Writ dated May 21, 1897. In the Superior Court Sherman, J. ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtMorton, J.
This is an action for breach of contract to recover a deposit paid by the plaintiff to the defendant in part performance of a written agreement entered into between the parties for the purchase and conveyance of certain premises described therein. The defendant agreed “ to execute and deliver a good and sufficient deed conveying said property on or before the 15th day of April, A. D. 1897.” The time was after-wards extended by mutual agreement to May 15. The premises were described by metes and bounds and then followed these words, “ Being the same premises conveyed to me [the defendant] by…
2Cases cited3 opinions
- Daniell v. ShawMassachusetts Supreme Judicial Court · 1896
- Linton v. AllenMassachusetts Supreme Judicial Court · 1888
- Whittemore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
3Cited by2 opinions
- Cashman v. BeanMassachusetts Supreme Judicial Court · 1917
- Flier v. RubinMassachusetts Supreme Judicial Court · 1947