Noble v. Googins
Massachusetts Supreme Judicial Court
Contract for a balance of the price due under the defendant’s written agreement for the purchase from the plaintiffs of a wharf lot on Border Street in East Boston. The defendant claimed an abatement from the stipulated price, for the reason of a deficiency in the quantity of land.
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Contract for a balance of the price due under the defendant’s written agreement for the purchase from the plaintiffs of a wharf lot on Border Street in East Boston. The defendant claimed an abatement from the stipulated price, for the reason of a deficiency in the quantity of land. The case was submitted to the determination of the full court on facts agreed, the material part of which is stated in the opinion; and with an agreement of the parties that if the court should be of opinion that the plaintiffs were entitled to recover the whole or any part of the purchase money, or that the…
1Opinion of the CourtGray, J.
The defendant, by the writing signed by him, agreed to pay to the plaintiffs “ seven thousand dollars for wharf lot on Border Street,” and further described the lot as bounded on one side by the shipyard of Paul Curtis and on the other by that of Donald McKay, and as “ measuring about two hundred and twenty feet on Border Street, more or less.” The land owned by the plaintiffs, and of which they have tendered a deed to the defendant, is a wharf lot lying between and bounded by these two shipyards, and extending from Border Street to the channel, but in fact measuring only one hundred and…
2Cases cited6 opinions
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- Mann v. PearsonNew York Supreme Court · 1806
- Morris Canal Co. v. EmmettNew York Court of Chancery · 1841
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3Cited by33 opinions
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- Kendall v. WellsSupreme Court of Georgia · 1906
- Winston v. BrowningSupreme Court of Alabama · 1878
- Roberts v. FrenchMassachusetts Supreme Judicial Court · 1891
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