Hartford-Connecticut Trust Co. v. Devine
Supreme Court of Connecticut
Action for the specific performance of an agreement for the sale of real estate, brought to and tried by the Superior Court in Hartford County, Haines, J., on demurrer to the defense alleging want of consideration; demurrer overruled and judgment rendered for the defendant, from which the plaintiff appealed. The agreement sued on is entitled “option.”
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Action for the specific performance of an agreement for the sale of real estate, brought to and tried by the Superior Court in Hartford County, Haines, J., on demurrer to the defense alleging want of consideration; demurrer overruled and judgment rendered for the defendant, from which the plaintiff appealed. The agreement sued on is entitled “option.” It contains the usual formal recitals of consideration and receipt thereof, followed by an agreement “upon payment by the said Norman M. Loomis of the amount named below, at any time before August 1, 1920,” to sell and convey to Loomis by…
1Opinion of the CourtBeach, J.
At the common law, an option under seal, running for a time stated, was irrevocable, because the seal imported a consideration and because, as Daggett, J., once said of a sealed writing: “By the rules of the common law, the consideration would be locked up, and could not be enquired into.” Cook v. Bradley, 7 Conn. 57, 62. It is still true, as a rule of pleading, that in an action on a specialty no consideration need be alleged, and the decisive question before us is whether it is still true that a seal “locks up,” under the old theory of estoppel or otherwise, the consideration, so that the…
2Cases cited4 opinions
- Cook v. BradleySupreme Court of Connecticut · 1828
- Collins v. TillouSupreme Court of Connecticut · 1857
- R. A. Sherman's Sons Co. v. Industrial & Manufacturing Co.Supreme Court of Connecticut · 1909
- Storch v. DuhnkeSupreme Court of Minnesota · 1899
3Cited by21 opinions
- Blakeslee v. Board of Water CommissionersSupreme Court of Connecticut · 1936
- Reynolds v. ReynoldsSupreme Court of Connecticut · 1936
- Andrews v. New Britain National BankSupreme Court of Connecticut · 1931
- Matthews v. CommissionerUnited States Tax Court · 1944
- Tuttle v. JockmusSupreme Court of Connecticut · 1927
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