Cashman v. Bean
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 14, 1915, to enforce the specific performance of a contract in writing dated March 20,1915, by which the defendants agreed to sell and convey to Frederick H. Tilton, the plaintiff’s assignor, certain real estate on Merrimack Street in Haverhill for the price of $75,000, of which $1,000 already had been paid, alleging that the real estate in question was deficient in area and subject to certain incumbrances, and that the…
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Bill in equity, filed in the Superior Court on June 14, 1915, to enforce the specific performance of a contract in writing dated March 20,1915, by which the defendants agreed to sell and convey to Frederick H. Tilton, the plaintiff’s assignor, certain real estate on Merrimack Street in Haverhill for the price of $75,000, of which $1,000 already had been paid, alleging that the real estate in question was deficient in area and subject to certain incumbrances, and that the defendants refused to make any deduction from the purchase price on account of such deficiency and incumbrances; and…
1Opinion of the CourtBraley, J.
The plaintiff as assignee can maintain the bill in his own name, and, as he asks for specific performance of the contract which a court of equity only can grant, the remedy at law for money damages is neither adequate nor complete, even if relief in both forms may be concurrently sought in one suit. Pingree v. Coffin, 12 Gray, 288. Connihan v. Thompson, 111 Mass. 270. Seymour v. Freer, 8 Wall. 202.
It also is unnecessary to allege that the purchaser was induced to enter into the contract and to accept its terms through any material misrepresentations of the defendants. The Suit is founded on…
2Cases cited29 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Townsend v. VanderwerkerSupreme Court of the United States · 1895
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Seymour v. FreerSupreme Court of the United States · 1869
- Hodges v. KowingSupreme Court of Connecticut · 1889
24 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Forman v. GadouasMassachusetts Supreme Judicial Court · 1924
- Dennett v. Norwood Housing Ass'nMassachusetts Supreme Judicial Court · 1922
- Ratshesky v. PiscopoMassachusetts Supreme Judicial Court · 1921
- Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
- Burke v. CommonwealthMassachusetts Supreme Judicial Court · 1933
17 more not listed; retrieve them via the Exa API.