Donahue v. Parkman
Massachusetts Supreme Judicial Court
Contract, for money bad and received by the defendant to the plaintiff’s use, .being a deposit of five hundred dollars at a sale by auction, under an agreement that it should be forfeited to the seller if the purchaser failed to comply with the terms qf the sale. Trial in the Superior Court, without a jury, before .Hammond, J., who found for the defendant; and the plaintiff alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtLathrop, J.
By the terms of the sale, which was for cash,, five hundred dollars were to be “ paid at sale into the hands of the auctioneer, to be forfeited to the use of the seller in case the purchaser shall fail to comply with the residue of the terms of the sale; a forfeiture of said sum not to release the purchaser from his liability under this contract; the balance of the amount to be paid, and settlement to be made, and deed to be delivered at the office of the auctioneers at or before 2 o’clock P. M. on Tuesday, the third day of January, a. D. 1893.”
The paper signed by the purchaser, the plaintiff…
2Cases cited6 opinions
- Sage v. Central RailroadSupreme Court of the United States · 1879
- Model Lodging House Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Tingley v. CutlerSupreme Court of Connecticut · 1828
- Wing v. HayfordMassachusetts Supreme Judicial Court · 1878
- Thompson v. KellyMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Malmberg v. BaughUtah Supreme Court · 1923
- Dennett v. PerkinsMassachusetts Supreme Judicial Court · 1913
- Mariners Savings Bank v. DucaSupreme Court of Connecticut · 1922
- Spellman v. Dundalk Co.Court of Appeals of Maryland · 1933
- Altobelli v. MontesiMassachusetts Supreme Judicial Court · 1938
8 more not listed; retrieve them via the Exa API.