Dresel v. Jordan
Massachusetts Supreme Judicial Court
Bill in equity filed October 16, 1869, by Otto Dresel, Anna . L. Dresel, his wife, and Wendell Phillips and Caleb W. Loring, the latter two as executors and trustees under the will of Louisa Loring,-mother of said Anna, to enforce specific performance by the defendant of the following written-agreement: “ This agreement witnesseth that Otto Dresel and Anna L. Dresel, his wife, and Wendell Phillips and Caleb W. Loring, trustees and executors under the will of Louisa Loring,…
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Bill in equity filed October 16, 1869, by Otto Dresel, Anna . L. Dresel, his wife, and Wendell Phillips and Caleb W. Loring, the latter two as executors and trustees under the will of Louisa Loring,-mother of said Anna, to enforce specific performance by the defendant of the following written-agreement: “ This agreement witnesseth that Otto Dresel and Anna L. Dresel, his wife, and Wendell Phillips and Caleb W. Loring, trustees and executors under the will of Louisa Loring, of the first part, agree to sell, and Eben D. Jordan, of the second part, agrees to buy, the dwelling-house numbered 76…
1Opinion of the CourtWells, J.
The first question to be determined is, whether there is any contract such as to bind the defendant. The writing sets forth the terms of a complete agreement, and it is signed by the party sought to be charged therewith. It is not essential that the writing should bear the signatures of the other party. Old Colony Railroad Co. v. Evans, 6 Gray, 25. To make it obligatory upon one party, however, it is necessary that the other shall have accepted or assented to the terms of the agreement it contains.
Mrs. Dresel being a married woman, her subscription of her own and her husband’s name to the…
2Cases cited9 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
- Snider v. CroyNew York Supreme Court · 1807
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3Cited by75 opinions
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- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- Gibson v. BrownIllinois Supreme Court · 1905
- Mansfield v. WilesMassachusetts Supreme Judicial Court · 1915
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
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