Parker v. Tainter
Massachusetts Supreme Judicial Court
Contract. At the trial in the Superior Court, before Brigham, C. J., the plaintiffs proved the following agreement, signed by the defendant: “ Newton, Mass., November 21st, 1873. Whereas I have agreed with Harriet B. and Sarah E. Parker to lease them a piece of land between Union Hall Building and Alfred Howe’s new building on Centre Street, Newton, and whereas there have been some objections to putting up a building on said land, and in order that the said Parker sisters…
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Contract. At the trial in the Superior Court, before Brigham, C. J., the plaintiffs proved the following agreement, signed by the defendant: “ Newton, Mass., November 21st, 1873. Whereas I have agreed with Harriet B. and Sarah E. Parker to lease them a piece of land between Union Hall Building and Alfred Howe’s new building on Centre Street, Newton, and whereas there have been some objections to putting up a building on said land, and in order that the said Parker sisters may be protected in putting up the building, and be saved from any loss in the matter, I do hereby agree to protect them…
1Opinion of the CourtGray, C. J.
The plaintiffs properly admit that the writing signed by the defendant, reciting that he had agreed to lease the *187land to them, is not a sufficient memorandum of an agreement for a lease, to satisfy the statute of frauds, because it does not state the term or duration of the lease, and that defect cannot be supplied by paroi evidence. Riley v. Farnsworth, 116 Mass. 223. And we need not consider whether the alternative agreement of the defendant to pay to the plaintiffs the cost of the building, if he should be prevented from giving them a lease, could be considered as an independent promise,…
2Cases cited3 opinions
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- Riley v. FarnsworthMassachusetts Supreme Judicial Court · 1874
- White v. WielandMassachusetts Supreme Judicial Court · 1872
3Cited by15 opinions
- Simon v. SimonMassachusetts Appeals Court · 1994
- Henrikson v. HenriksonWisconsin Supreme Court · 1910
- Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
- Kelley v. ThompsonMassachusetts Supreme Judicial Court · 1902
- Swank v. MoisanOregon Supreme Court · 1917
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