Connihan v. Thompson
Massachusetts Supreme Judicial Court
Bill in equity against Luke Thompson and Oliver F. Raymond, alleging that the plaintiff and Thompson entered into a written contract, the former to buy, and the latter to sell, a parcel of land in Charlestown; that afterwards Thompson refused to carry out the contract and conveyed the land to Raymond; and that Raymond had notice of the contract with the plaintiff.
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Bill in equity against Luke Thompson and Oliver F. Raymond, alleging that the plaintiff and Thompson entered into a written contract, the former to buy, and the latter to sell, a parcel of land in Charlestown; that afterwards Thompson refused to carry out the contract and conveyed the land to Raymond; and that Raymond had notice of the contract with the plaintiff. The prayer was that the contract might be ordered to be specifically performed; and that Raymond might be ordered to surrender the premises, and restrained from parting therewith. At the hearing before Oolt, J., the execution of the…
1Opinion of the CourtWells, J.
Notice or knowledge of the existence and of the terms of an agreement for the sale of land is, in equity, sufficient to prevent one who has it from acquiring rights in fraud of that agreement. It puts him on inquiry; and it is his own fault if he fails to inform himself of the validity and legal force of the agreement before undertaking to acquire the property himself. Hayward v. Cain, 110 Mass. 273. Sugd. Vend. & P. (14th ed.) 755, 762.
It is contended that, by commencing an action at law in which the land in question was specially attached, the plaintiff waived his remedy in equity. But the…
2Cases cited7 opinions
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Sanger v. WoodNew York Court of Chancery · 1818
- Hayward v. CainMassachusetts Supreme Judicial Court · 1872
- Rogers v. VosburghNew York Court of Chancery · 1819
- Hooker v. HubbardMassachusetts Supreme Judicial Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Norwood v. McDonaldOhio Supreme Court · 1943
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- Robb v. VosSupreme Court of the United States · 1894
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
77 more not listed; retrieve them via the Exa API.