Lewis v. Browning
Massachusetts Supreme Judicial Court
Contract for breach of the covenants of a written lease of a tenement in Boston. Trial in the Superior Court, without a jury, before Roclcwell, J., who allowed a bill of exceptions in substance as follows: The defendant admitted that there had been a breach of the conditions of the lease, and agreed that judgment might be entered for the plaintiff in the sum of $2168.22, unless the facts herein stated constituted a defence to this action.
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Contract for breach of the covenants of a written lease of a tenement in Boston. Trial in the Superior Court, without a jury, before Roclcwell, J., who allowed a bill of exceptions in substance as follows: The defendant admitted that there had been a breach of the conditions of the lease, and agreed that judgment might be entered for the plaintiff in the sum of $2168.22, unless the facts herein stated constituted a defence to this action. The judge found that the defendant, who was a resident of Hew York in the year 1868, was, during the summer of that year, temporarily residing and…
1Opinion of the CourtGray, C. J.
In M’Culloch v. Eagle Ins. Co. 1 Pick. 278, this court held that a contract made by mutual letters was not complete until the letter accepting the offer had been received by the person making the offer; and the correctness of that decision is maintained, upon an able and elaborate discussion of reasons and authorities, in Langdell on Contracts (2d ed.) 989-996. In England, New York and New Jersey, and in the Supreme Court of the "United States, the opposite view has prevailed, and the contract has been deemed to be completed as soon as the letter of acceptance has been put into the…
2Cases cited3 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Trevor v. . WoodNew York Court of Appeals · 1867
3Cited by7 opinions
- David J. Tierney, Jr., Inc. v. T. Wellington Carpets, Inc.Massachusetts Appeals Court · 1979
- Cities Service Oil Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1961
- Meyer v. EstesMassachusetts Supreme Judicial Court · 1895
- Conway Bros. v. Iowa Hardware Mutual InsuranceSupreme Court of Iowa · 1921
- Creecy v. GriefSupreme Court of Virginia · 1908
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