Hobby v. Finch
Connecticut Superior Court
The declaration states, that tbe defendants were administrators on tbe estate of Caleb Finch, deceased; and bad obtained an order from tbe Court of Probate to sell at public vendue a tract of land belonging to said estate, and that, by a number of advertisements, they gave notice of tbe time and place of sale.
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The declaration states, that tbe defendants were administrators on tbe estate of Caleb Finch, deceased; and bad obtained an order from tbe Court of Probate to sell at public vendue a tract of land belonging to said estate, and that, by a number of advertisements, they gave notice of tbe time and place of sale. That tbe plaintiff attended at tbe time and place appointed by tbe defendants in their advertisements, where tbe conditions of tbe sale of said land were published and make known to tbe plaintiff by tbe defendants; which were, that tbe land so set up for sale, should be struck off to…
1Opinion of the Court
By tbe Ooubt.
Tbe advertisements and conditions of
sale set forth in tbe reply of tbe plaintiff, are a sufficient evidence, witbin tbe meaning of tbe statute, of an agreement in writing signed by tbe defendants, to sell tbe land to tbe highest bidder (1 Blackstone’s Reports, 599, Simon v. Metivier; 3 Burr. 1921, S. C.; 1 Wilson, 118, Welford v. Beezley and others); and as tbe plaintiff was tbe highest bidder, and tendered security for payment, pursuant to tbe written agreement of .the defendants, be has a right of action against them, for refusing a deed, which, by their agreement, they bad…
2Cases cited1 opinion
- Evans v. WadkinsIndiana Superior Court · 1872