John F. Fowkes Manufacturing Co. v. Metcalf
Massachusetts Supreme Judicial Court
Contract, The amended declaration alleged that the plaintiff, on May 26, 1896, was the owner in fee of certain real estate of great value, consisting of a lot of land and a large building thereon, situated on Southbridge Street, in Worcester, which real estate was subject to certain encumbrances, namely, a first mortgage of about $12,000, a mechanic’s lien of about $560, the taxes for the year 1895, then due and payable, of about $210, a second mortgage, upon which there was…
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Contract, The amended declaration alleged that the plaintiff, on May 26, 1896, was the owner in fee of certain real estate of great value, consisting of a lot of land and a large building thereon, situated on Southbridge Street, in Worcester, which real estate was subject to certain encumbrances, namely, a first mortgage of about $12,000, a mechanic’s lien of about $560, the taxes for the year 1895, then due and payable, of about $210, a second mortgage, upon which there was then due about $1,200, and several attachments made in actions at law then pending against the plaintiff; that it had…
1Opinion of the CourtBarker, J.
We are of opinion that the order sustaining the demurrer, and the judgment for the defendant thereon, should be affirmed, because the writings constituting the memorandum of the defendant’s agreement are not sufficient to satisfy the statute of frauds. Pub. Sts. c. 78, § 1, cl. 4.
These writings are three in number, and the first indicates that the defendant agreed to lend the plaintiff three thousand dollars upon a second mortgage above a twelve thousand dollar mortgage referred to in the first writing. Assuming that the twelve thousand dollar mortgage could be identified by parol, and that…
2Cases cited4 opinions
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Ryder v. LoomisMassachusetts Supreme Judicial Court · 1894
- Graves v. GoldthwaitMassachusetts Supreme Judicial Court · 1891
- Sherer v. TrowbridgeMassachusetts Supreme Judicial Court · 1883
3Cited by1 opinion
- Ex Parte RogersAlabama Court of Appeals · 1919