Dunham v. Townsend
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, to recover possession of land in Attleborough. Writ dated July 3, 1871. At the trial in the Superior Court, before Allen, J., it appeared that the plaintiff, who was owner of the land, entered into a contract under seal with the defendant, dated August 29, 1870, by which he agreed to sell, and the defendant agreed to buy the land, and which contained the following provisions: “ Said premises are to be conveyed within three months from this…
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Action on the Gen. Sts. c. 137, to recover possession of land in Attleborough. Writ dated July 3, 1871. At the trial in the Superior Court, before Allen, J., it appeared that the plaintiff, who was owner of the land, entered into a contract under seal with the defendant, dated August 29, 1870, by which he agreed to sell, and the defendant agreed to buy the land, and which contained the following provisions: “ Said premises are to be conveyed within three months from this date, by a good and suffix cient warranty deed of said Dunham, conveying a good and clear title to the same free from all…
1Opinion of the CourtAmes, J.
It was correctly ruled at the trial that the agreement under which the defendant entered upon the premises was not a lease, and that his right to occupy under it did not expire upon the failure of the plaintiff to deliver the deed at the stipulated day. The defendant entered as a purchaser, and not as a lessee. He assumed no obligation to pay rent, and his promise to pay interest upon the agreed price was not for the use of the *442land, or founded upon any estimate of the value of such use, but as forbearance of payment of a sum which he had undertaken to pay. Dakin v. Allen, 8 Cush. 83. Larned…
2Cases cited2 opinions
- Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. GraddyCourt of Appeals of Kentucky · 1863
3Cited by4 opinions
- Ish v. Morgan, McRae & Co.Supreme Court of Arkansas · 1886
- Lyon v. CunninghamMassachusetts Supreme Judicial Court · 1884
- Kiernan v. LinnehanMassachusetts Supreme Judicial Court · 1890
- Washburn v. WhiteMassachusetts Supreme Judicial Court · 1908