Shapira v. D'Arcy
Massachusetts Supreme Judicial Court
Bill ih equity to enforce the specific performance of a contract to purchase from the plaintiff, for $4,500, certain real estate, in that part of Boston called Dorchester, for which the defendant was the highest bidder at a sale by auction on foreclosure of a third mortgage, filed December 27, 1900. The Superior Court made a decree for the plaintiff in accordance with the prayer of the bill. The defendant appealed from this and also from two interlocutory decrees.
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Bill ih equity to enforce the specific performance of a contract to purchase from the plaintiff, for $4,500, certain real estate, in that part of Boston called Dorchester, for which the defendant was the highest bidder at a sale by auction on foreclosure of a third mortgage, filed December 27, 1900. The Superior Court made a decree for the plaintiff in accordance with the prayer of the bill. The defendant appealed from this and also from two interlocutory decrees. The questions raised are stated by the court.
1Opinion of the CourtKnowlton, J.
This case comes before us on appeals from certain interlocutory decrees and from a final decree in equity. It presents two questions, first whether the decree discharging an issue for a jury, after a trial with a disagreement on this issue and an agreement on another issue tried at the same time, was erroneous; and second, whether there was error in the finding of the judge that the auctioneer made a sufficient memorandum of the auction sale to take the case out of. the statute of frauds.
The question as to the discharge of the issue divides itself into two parts: first, whether the defendant…
2Cases cited15 opinions
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