Miller v. Roberts
Massachusetts Supreme Judicial Court
Contract, in two counts, to recover the value of a house and land in Adams, alleged to have been sold by the plaintiff to the defendant under an oral agreement. The answer, among other defences, set up the statute of frauds. Writ dated August 30, 1895. Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows.
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Contract, in two counts, to recover the value of a house and land in Adams, alleged to have been sold by the plaintiff to the defendant under an oral agreement. The answer, among other defences, set up the statute of frauds. Writ dated August 30, 1895. Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified, among other things, as follows: “ In consequence of information received I went to the defendant’s home, and he wanted to know what I thought about buying the Butler Farm. I said I did not care whether I bought it…
1Opinion of the CourtKnowlton, J.
The principle of law on which this action is founded is, that if one has received money or other property as the consideration of an executory contract which cannot be enforced by reason of the statute of frauds, and if he then refuses to perform the contract, he is liable to the other party under an implied promise to return the money or pay for the property. Dix v. Marcy, 116 Mass. 416. Root v. Burt, 118 Mass. 521. Cook v. Doggett, 2 Allen, 439. Basford v. Pearson, 9 Allen, 387. Abbott v. Draper, 4 Denio, 51.
The evidence showed conclusively that the defendant had received a deed of the…
2Cases cited4 opinions
- Abbott v. DraperNew York Supreme Court · 1847
- Bartlett v. DrakeMassachusetts Supreme Judicial Court · 1868
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- Root v. BurtMassachusetts Supreme Judicial Court · 1875
3Cited by13 opinions
- Way v. RootMichigan Supreme Court · 1913
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Cromwell v. NortonMassachusetts Supreme Judicial Court · 1906
- Kemp v. KempMassachusetts Supreme Judicial Court · 1924
- Kelley v. ThompsonMassachusetts Supreme Judicial Court · 1902
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