Cutter v. Cochrane
Massachusetts Supreme Judicial Court
Contract for money had and received, with counts on an agreement to repay money paid by the plaintiff to the defendant on a contract, alleged to have been rescinded.
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Contract for money had and received, with counts on an agreement to repay money paid by the plaintiff to the defendant on a contract, alleged to have been rescinded. At the trial in the Superior Court, before Rockwell, J., the plaintiff offered evidence tending to prove the following facts: In November, 1870, the plaintiff and the defendant acting through his agent, Hugh Cochrane, entered into a verbal agreement for the purchase by the plaintiff of the defendant, as guardian of certain minor heirs, of a dwelling-house and land connected therewith, situated in Malden. On November 11, the…
1Opinion of the CourtAmes, J.
Whether by her failure to make the stipulated payments the plaintiff had lost all hei rights under the original con*410tract, and forfeited the money which she had paid, is a question which the defendant is not entitled to raise in this case. The settlement which was had between the parties proceeded upon a very different ground. An agreement to rescind a previous contract imports that, until it is rescinded, it is recognized by both parties as subsisting and binding. The rescinding of a previous contract containing "mutual stipulations is a release by each party to the other. The release by one…
2Cited by12 opinions
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Zlotnick v. McNamaraMassachusetts Supreme Judicial Court · 1938
- Torrey v. AdamsMassachusetts Supreme Judicial Court · 1925
- Tuttle v. Metz Co.Massachusetts Supreme Judicial Court · 1918
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