Brackett v. Perry
Massachusetts Supreme Judicial Court
Tort for deceit. Writ in the Superior Court for the county of Norfolk dated January 26, 1906. The defendant in his answer set up the statute of limitations, alleging that the cause of action did not accrue within six years before the date of the writ, as required by B. L. c. 202, § 2, cl. 2. The case came on to be tried before Fox, J. The counsel for the plaintiffs in his opening statement to the jury said in substance that the facts upon which the plaintiffs relied were as…
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Tort for deceit. Writ in the Superior Court for the county of Norfolk dated January 26, 1906. The defendant in his answer set up the statute of limitations, alleging that the cause of action did not accrue within six years before the date of the writ, as required by B. L. c. 202, § 2, cl. 2. The case came on to be tried before Fox, J. The counsel for the plaintiffs in his opening statement to the jury said in substance that the facts upon which the plaintiffs relied were as follows: About July 7, 1899, the plaintiffs placed certain land in the hands of one Jenks, a real estate broker, to be…
1Opinion of the CourtSheldon, J.
The plaintiffs contend that their cause of action did not accrue and that the statute of limitations did not begin to run until October, 1902, when Jenks recovered judgment against them. They rest this contention on the well recognized doctrine that in an action to recover damages for deceit the plaintiff must show not only that deception was practised upon him, but that it was practised to his loss; that this was not an absolute wrong, for which the injured person may recover at least nominal damages, like one who sues for a breach of contract or the invasion of an absolute right, but that…
2Cases cited8 opinions
- Lewis v. CorbinMassachusetts Supreme Judicial Court · 1907
- Sullivan v. Old Colony Street RailwayMassachusetts Supreme Judicial Court · 1908
- City of Boston v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Kilgore v. BruceMassachusetts Supreme Judicial Court · 1896
- Fottler v. MoseleyMassachusetts Supreme Judicial Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
- John B. Janigan v. Frederick B. TaylorCourt of Appeals for the First Circuit · 1965
- Hendrickson v. SearsMassachusetts Supreme Judicial Court · 1974
- Friedman v. JablonskiMassachusetts Supreme Judicial Court · 1976
- Frank Cooke, Inc. v. HurwitzMassachusetts Appeals Court · 1980
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