Adams v. Morgan
Massachusetts Supreme Judicial Court
Bill in equity for the specific performance of the following agreement: “ Greenfield, Mass., May 19, 1882. It is this day understood between Peleg- Adams and Charlotte E. Adams that Charlotte E. Adams, Ruth C. Adams, and Elizabeth L. Adams are to have a warranty deed of the Mansion-House property, and for that reason a certain promissory note, dated Greenfield, April 23, 1877, signed by Peleg Adams and payable to John A. Adams, or order, for nineteen hundred and thirty-one…
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Bill in equity for the specific performance of the following agreement: “ Greenfield, Mass., May 19, 1882. It is this day understood between Peleg- Adams and Charlotte E. Adams that Charlotte E. Adams, Ruth C. Adams, and Elizabeth L. Adams are to have a warranty deed of the Mansion-House property, and for that reason a certain promissory note, dated Greenfield, April 23, 1877, signed by Peleg Adams and payable to John A. Adams, or order, for nineteen hundred and thirty-one dollars is to be cancelled when the deed is delivered or put on record; otherwise, the note to remain in full force.…
1Opinion of the CourtKnowltont, J.
The plaintiffs insist that the writing which the bill was brought to enforce is on its face a contract for the sale of real estate by a warranty deed, in consideration of the cancellation of a promissory note for nineteen hundred and thirty-one dollars, and that no evidence can be introduced to show that it is anything else. But it is familiar law, that, in interpreting contracts, it is always proper to put ourselves in the situation of the parties so far as to understand the subject matter to which the contract relates. Oftentimes this involves knowledge of the circumstances under which the…
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