Hunting v. Damon
Massachusetts Supreme Judicial Court
Bill in equity, filed on April 3, 1893, for the specific performance of an agreement to buy land. The bill alleged that, by an agreement in writing, under seal, dated March 15, 1893, the plaintiff agreed to sell and convey certain real estate in Malden to the defendant within ten days from that date, by a good and sufficient warranty deed, conveying a clear title to the real estate free from all encumbrance, and the defendant agreed to purchase the real estate and to pay to…
Read the full summary
Bill in equity, filed on April 3, 1893, for the specific performance of an agreement to buy land. The bill alleged that, by an agreement in writing, under seal, dated March 15, 1893, the plaintiff agreed to sell and convey certain real estate in Malden to the defendant within ten days from that date, by a good and sufficient warranty deed, conveying a clear title to the real estate free from all encumbrance, and the defendant agreed to purchase the real estate and to pay to the plaintiff therefor the sum of $1,755.09, of which $100 was to be paid at the date of the agreement, and the…
1Opinion of the CourtHolmes, J.
There is no doubt that the limitation over in the second article of the will of James Hunting is void. Kelley v. Meins, 135 Mass. 231. Damrell v. Hartt, 137 Mass. 218. There seems to be equally little doubt that the shifting clause in the third article is valid. Nevertheless, it well may be that, notwithstanding the liability of the plaintiff’s interest in the fund to forfeiture, she has the power to give a good title to any specific property in her hands, and that the condition will attach to the proceeds in place of the property sold. Such a disposition is familiar to the law. Hemhauser v.…
2Cases cited12 opinions
- Giles v. LittleSupreme Court of the United States · 1881
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Little v. GilesNebraska Supreme Court · 1889
- Clark v. MiddlesworthIndiana Supreme Court · 1882
- Henderson v. BlackburnIllinois Supreme Court · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
- Garner v. Union Trust Co.Court of Appeals of Maryland · 1945
- Bourland v. HuffhinesCourt of Appeals of Texas · 1924
8 more not listed; retrieve them via the Exa API.