Gowen v. Klous
Massachusetts Supreme Judicial Court
Contract. Writ dated June 15, 1867. The declaration alleged that on November 12,1866, the plaintiff was seised in fee simple of a parcel of land in Dorchester, which it described by metes and bounds, (one of its bounds being alleged as on Columbia Street, another as on the estate of William Wales, and the two others as on lots marked respectively Nos. 12 and 14 on a “ Plan of fourteen desirable house lots in Dorchester belonging to the estate of the late Thomas W. Gowen,”) “…
Read the full summary
Contract. Writ dated June 15, 1867. The declaration alleged that on November 12,1866, the plaintiff was seised in fee simple of a parcel of land in Dorchester, which it described by metes and bounds, (one of its bounds being alleged as on Columbia Street, another as on the estate of William Wales, and the two others as on lots marked respectively Nos. 12 and 14 on a “ Plan of fourteen desirable house lots in Dorchester belonging to the estate of the late Thomas W. Gowen,”) “ said parcel of land being marked No. 13 ” on said plan; that on the day named he caused the lot to be put up at…
1Opinion of the CourtGray, J.
This is an action upon a contract of sale and purchase of land by auction. The defendant objects to the sufficiency of the declaration, and of the written memorandum which is made part thereof, in three particulars: 1st. The description of the premises; 2d. The statement of the price; 3d. The identification of the vendor. But the court is of opinion that neither of the objections is well founded.
1. The property sold is described in the memorandum as “ the lot or lots of land, situate at the corner of Columbia and Green Streets in Dorchester, belonging to the estate of Thomas Gowan, deceased,”…
2Cases cited2 opinions
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
- Hunter v. GiddingsMassachusetts Supreme Judicial Court · 1867
3Cited by12 opinions
- Cousbelis v. AlexanderMassachusetts Supreme Judicial Court · 1944
- White v. Dahlquist Manufacturing Co.Massachusetts Supreme Judicial Court · 1901
- Nickerson v. BridgesMassachusetts Supreme Judicial Court · 1914
- Schneidau v. ManleySupreme Court of Connecticut · 1944
- Duncklee v. WebberMassachusetts Supreme Judicial Court · 1890
7 more not listed; retrieve them via the Exa API.