Cardinal v. Hadley
Massachusetts Supreme Judicial Court
Contract for money had and received. The answer was a general denial, payment, and accord and satisfaction. At the trial in the Superior Court, without a jury, before Thompson, J., it appeared in evidence that the plaintiff purchased a lot of land in Everett of the defendant, receiving therefor a warranty deed in which the consideration was stated as one dollar.
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Contract for money had and received. The answer was a general denial, payment, and accord and satisfaction. At the trial in the Superior Court, without a jury, before Thompson, J., it appeared in evidence that the plaintiff purchased a lot of land in Everett of the defendant, receiving therefor a warranty deed in which the consideration was stated as one dollar. The judge allowed the plaintiff to introduce oral evidence, against the defendant’s objection, that the plaintiff purchased the premises in question from the defendant by the foot, and not for a lump sum, and the defendant excepted.…
1Opinion of the CourtBarker, J.
1. The exceptions to the admission of oral evidence, and to the refusal to rule that the plaintiff could not *354show by such evidence that the price of the land was to depend upon the number of square feet in its area, must be overruled. It was long since declared by this court to be well settled, that both the statement of consideration in a deed and the recital of its payment may be varied and controlled by parol evidence. Gale v. Coburn, 18 Pick. 397, 401. Clapp v. Tirrell, 20 Pick. 247, 250. See also Wallis v. Wallis, 4 Mass. 135; Wilkinson v. Scott, 17 Mass. 249, 257; Preble v. Baldwin, 6…
2Cases cited6 opinions
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1808
- Noble v. GooginsMassachusetts Supreme Judicial Court · 1868
- Pickman v. Trinity ChurchMassachusetts Supreme Judicial Court · 1877
- Tarbell v. BowmanMassachusetts Supreme Judicial Court · 1869
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3Cited by15 opinions
- Way v. GreerMassachusetts Supreme Judicial Court · 1907
- McRae v. PopeMassachusetts Supreme Judicial Court · 1942
- Farquhar v. FarquharMassachusetts Supreme Judicial Court · 1907
- Butt v. SmithWisconsin Supreme Court · 1904
- Gardner v. KiburzSupreme Court of Iowa · 1918
10 more not listed; retrieve them via the Exa API.