Sherer v. Trowbridge
Massachusetts Supreme Judicial Court
Contract for breach of the following agreement, dated April 7, 1882, and signed by the defendant: “ Received of Mrs. C. M. Sherer twenty-five ($25.00) in part payment for house and underpinning now occupied by me on Walnut Street, the said house and foundations to be one hundred and twenty-five dollars ($125.00), the balance to be paid for said house and moved at five days’ notice.
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Contract for breach of the following agreement, dated April 7, 1882, and signed by the defendant: “ Received of Mrs. C. M. Sherer twenty-five ($25.00) in part payment for house and underpinning now occupied by me on Walnut Street, the said house and foundations to be one hundred and twenty-five dollars ($125.00), the balance to be paid for said house and moved at five days’ notice. I also agree to sell one-half acre of land, adjoining G. F. Kimball’s lot on east, and running due east, for three hundred dollars ($300.00), the same to be secured by mortgage on house and lot.” Trial in the…
1Opinion of the CourtC. Allen, J.
The defendant owned no land adjoining any lot actually owned by G. F. Kimball, or known as his lot; and even if paroi evidence could be received to show that he intended to refer to a particular lot owned by Ellen P. Kimball instead of G. F. Kimball, the description of the land intended to be conveyed is still fatally defective, under the Pub. Sts. c. 78, § 1, in not describing the boundaries with sufficient certainty. The words “ adjoining G. F. Kimball’s lot on the east, and running due east,” do not necessarily imply that the western line would extend along the whole length of Kimball’s…
2Cited by7 opinions
- Sturges v. Town of ChilmarkMassachusetts Supreme Judicial Court · 1980
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- Desmarais v. TaftMassachusetts Supreme Judicial Court · 1912
- Knowles v. GriswoldMassachusetts Supreme Judicial Court · 1925
- Madden v. City of BostonMassachusetts Supreme Judicial Court · 1901
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