Rowley v. D'Arcy
Massachusetts Supreme Judicial Court
Two ACTIONS oe CONTRACT, one by the assignee in insolvency of copartners constituting the firm of Berkman Brothers, to recover a balance alleged to be due from the defendant under a contract in writing, and the other by the defendant in the first named action to recover back the money theretofore paid under the contract.
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Two ACTIONS oe CONTRACT, one by the assignee in insolvency of copartners constituting the firm of Berkman Brothers, to recover a balance alleged to be due from the defendant under a contract in writing, and the other by the defendant in the first named action to recover back the money theretofore paid under the contract. Writs respectively in the Superior Court dated December 10,1898, and in the Municipal Court of the City of Boston, dated November 26, 1898, afterwards in the Superior Court by appeal. In the Superior Court the cases were tried together before Pierce, J. The contract sued upon…
1Opinion of the CourtBraley, J.
The principal question in these cases is whether the defendant D’Arcy can be held to pay any further sum under a written contract of sale made between the parties, or is entitled to recover back what he has already paid, on the ground that he bought the property at auction, at which unknown to him fictitious bids were made to raise the price, and in consequence of which he was deceived and defrauded.
*552As a verdict was ordered for the assignee the evidence is to be considered in the light most favorable to this contention.
It was understood by the parties to these suits that there was to be a…
2Cases cited8 opinions
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Curtis v. AspinwallMassachusetts Supreme Judicial Court · 1873
- Tuite v. StevensMassachusetts Supreme Judicial Court · 1867
- Peck v. ListWest Virginia Supreme Court · 1883
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3Cited by4 opinions
- Antoine v. Commonwealth Trust Co.Massachusetts Supreme Judicial Court · 1929
- Stormy Weathers, Inc. v. Federal Deposit InsuranceDistrict Court, D. New Hampshire · 1993
- Weathers v. JarvisMassachusetts Supreme Judicial Court · 1936
- Williams v. HogueCourt of Appeals for the Fourth Circuit · 1914