Edgett v. Palmer
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 13, 1913, and afterwards amended, against Frank H. Palmer, Dwight N. Carpenter and the executor of the will of Frank V. Doolittle, alleging in substance that the plaintiff, a real estate agent, was employed by Carpenter and Doolittle to sell for them a farm at Gill in this Commonwealth owned by them as tenants in common, they representing to him that the farm “would cut seventy tons of hay per year;” that Palmer owned…
Read the full summary
Bill in equity, filed in the Superior Court on September 13, 1913, and afterwards amended, against Frank H. Palmer, Dwight N. Carpenter and the executor of the will of Frank V. Doolittle, alleging in substance that the plaintiff, a real estate agent, was employed by Carpenter and Doolittle to sell for them a farm at Gill in this Commonwealth owned by them as tenants in common, they representing to him that the farm “would cut seventy tons of hay per year;” that Palmer owned a farm in Newfane in Vermont and represented to the plaintiff that it was a good farm and “would cut forty tons of hay…
1Opinion of the CourtBraley, J.
It is unnecessary to determine whether if a demurrer had been interposed seasonably the trial court although having jurisdiction of the subject matter under R. L. c. 159, § 1, should have dismissed the bill in the exercise of its judicial discretion upon the grounds stated in Carson v. Dunham, 149 Mass. 52, 53, 56. Kempson v. Kempson, 13 Dick. 94. The defendant Palmer, who is the appellant, not only was subject- to the territorial jurisdiction of the court, but appeared, answered and filed a cross bill. And after a trial on the merits a final decree was entered granting permanent injunctive…
2Cases cited8 opinions
- Crocker v. DillonMassachusetts Supreme Judicial Court · 1882
- Driscoll v. SmithMassachusetts Supreme Judicial Court · 1903
- Carson v. DunhamMassachusetts Supreme Judicial Court · 1889
- Robinson v. BrownMassachusetts Supreme Judicial Court · 1902
- Kaatz v. CurtisMassachusetts Supreme Judicial Court · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Giles v. GilesMassachusetts Supreme Judicial Court · 1936
- Maguire v. ReoughMassachusetts Supreme Judicial Court · 1921
- Reynolds v. GrowMassachusetts Supreme Judicial Court · 1929
- MacPherson v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1957
- Dane v. BrownCourt of Appeals for the First Circuit · 1934
3 more not listed; retrieve them via the Exa API.