Legal Opinion

Jennings v. Puffer

Massachusetts Supreme Judicial Court

Decided November 22, 1909PublishedCited by 32 opinions

Contract for the alleged breach of a contract in writing dated January 81,1902, by which the defendant agreed to sell and convey to Alfred A. Marcus and Son certain real estate on Washington Street in Boston, alleging further an assignment dated March 13, 1902, by Alfred A. Marcus & Son of all their rights in the agreement to the plaintiff.

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Contract for the alleged breach of a contract in writing dated January 81,1902, by which the defendant agreed to sell and convey to Alfred A. Marcus and Son certain real estate on Washington Street in Boston, alleging further an assignment dated March 13, 1902, by Alfred A. Marcus & Son of all their rights in the agreement to the plaintiff. Writ dated December 30, 1902. The defendant, in his amended answer, alleged that when the agreement sued upon was made it was agreed that the property should be conveyed subject to a certain lease, and that he had offered to convey it subject to that…

1Opinion of the CourtRugg, J.

The defendant entered into a written agreement with one Marcus, of the tenor following, so far as material: “ I will sell you my estate containing 1311 feet of land . . . for the sum of one hundred twenty-five thousand dollars.” It contained no statement as to the title. This agreement was assigned to the plaintiff. The defendant offered to show by oral testimony that in the interview, when the agreement was signed, reference was made to a lease to which the property was subject, and that the defendant delivered to Marcus a card showing its rentals and a memorandum of the lease; and that the…

2Cases cited12 opinions

  1. Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
  2. Doherty v. HillMassachusetts Supreme Judicial Court · 1887
  3. Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
  4. Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
  5. Lee v. ButlerMassachusetts Supreme Judicial Court · 1897

7 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
  2. Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
  3. Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
  4. Gaston v. GordonMassachusetts Supreme Judicial Court · 1911
  5. Martin v. JablonskiMassachusetts Supreme Judicial Court · 1925

27 more not listed; retrieve them via the Exa API.

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