Morgan v. Forbes
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 9,1919, for specific performance of a contract in writing alleged to be for the purchase by the plaintiff and the sale and conveyance by the defendants of certain real estate on Pleasant Street and Brook Road in Milton. The contract was dated May 30, 1919, and was signed by J. Murray Forbes and Earle Morgan. The first paragraph recited that “Forbes hereby agrees to sell to said Morgan the house and land,” describing it.
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Bill in equity, filed in the Superior Court on October 9,1919, for specific performance of a contract in writing alleged to be for the purchase by the plaintiff and the sale and conveyance by the defendants of certain real estate on Pleasant Street and Brook Road in Milton. The contract was dated May 30, 1919, and was signed by J. Murray Forbes and Earle Morgan. The first paragraph recited that “Forbes hereby agrees to sell to said Morgan the house and land,” describing it. The remaining paragraphs were as follows: “Second. The price to be paid by said Morgan is Twelve thousand dollars…
1Opinion of the CourtCarroll, J.
An agreement in writing relating to the conveyance of real estate in Milton was entered into on May 30, 1919. *483The price was $12,000, to be paid by the plaintiff on or before September 1, 1919, when the deed was to be delivered. Tender of payment was not made until September 30, 1919. On October 9, 1919, this suit in equity was brought for the specific performance of the contract. There was a decree for the plaintiff.
The defendants contend that the agreement is an option and time is of its essence. The plaintiff contends it is an agreement for the sale and purchase of real estate and that time…
2Cases cited18 opinions
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Smith v. BanghamCalifornia Supreme Court · 1909
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Mansfield v. WilesMassachusetts Supreme Judicial Court · 1915
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lucey v. Hero International Corp.Massachusetts Supreme Judicial Court · 1972
- Rigs v. SokolMassachusetts Supreme Judicial Court · 1945
- Mohammed Abdallah v. Abdrhmin AbdallahCourt of Appeals for the Third Circuit · 1966
- Hunt v. BassettMassachusetts Supreme Judicial Court · 1929
- Butler v. RichardsonSupreme Court of Rhode Island · 1948
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