Atwood v. Walker
Massachusetts Supreme Judicial Court
Contract for breach of an ageement to convey to the plaintiff certain real estate in Belcher town in the county of Hampshire and certain personal property contained in the house and barn on the premises for the price of $6,000. Writ dated June 3, 1896. At the trial in the Superior Court, before Maynard, J., the jury returned a verdict for the plaintiff in the sum of $7,271; and the defendant alleged exceptions, which are stated in the opinion of the court.
1Opinion of the CourtLathrop, J.
1. The first question arising in the case is whether the defendant has any ground of exception to the refusal of the judge of the Superior Court to give the three instructions requested, and to the ruling given. It may be admitted that enough does not appear in the bill of exceptions as originally allowed; but enough appears from the amended bill of exceptions to show that the points were duly taken at the trial that the contract in question was a New York contract, and that damages for a breach of it should be assessed in accordance with the rule established in New York, and not by the rule…
2Cases cited16 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Margraf v. . MuirNew York Court of Appeals · 1874
- Baldwin v. MunnNew York Supreme Court · 1829
- Roche v. SmithMassachusetts Supreme Judicial Court · 1900
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Steranko v. Inforex, Inc.Massachusetts Appeals Court · 1977
- Morris v. Watsco, Inc.Massachusetts Supreme Judicial Court · 1982
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
- In Re BarnettCourt of Appeals for the Second Circuit · 1926
12 more not listed; retrieve them via the Exa API.