Grace v. Denison
Massachusetts Supreme Judicial Court
Bill in equity for specific performance, alleging that the defendant, being seised of a parcel of land, and the house thereon, situated on Hayward Place, in Boston, sold it to the plaintiff for $25,000 ; $50 to be paid down, $4,950 to be paid on the delivery of the deed, and $20,000, bearing five per cent, interest, to remain upon a mortgage in the usual form.
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Bill in equity for specific performance, alleging that the defendant, being seised of a parcel of land, and the house thereon, situated on Hayward Place, in Boston, sold it to the plaintiff for $25,000 ; $50 to be paid down, $4,950 to be paid on the delivery of the deed, and $20,000, bearing five per cent, interest, to remain upon a mortgage in the usual form. The plaintiff alleged that he had paid the $50, and that the defendant had signed this Agreement: “ Boston, February 18, 1873. Received from J. J. Grace the sum of fifty dollars as part payment of house No..2 Hayward Place, sold to him…
1Opinion of the CourtWells, J.
The memorandum of agreement indicates that a part of the purchase money was agreed to be secured by mortgage of the premises to be conveyed. But it does not disclose nor furnish any means for the court to ascertain what part or amount is to remain upon mortgage, and what paid in cash upon delivery of the deed. The statute of frauds does not permit such % contract to be enforced without a memorandum of it in writing, signed by the party to be charged. The court cannot therefore go outside of this writing to ascertain what the real agreement of the parties was in this particular. The writing…
2Cited by13 opinions
- Simpson v. GreenTexas Commission of Appeals · 1921
- Fogg v. PriceMassachusetts Supreme Judicial Court · 1888
- A. B. C. Auto Parts, Inc. v. MoranMassachusetts Supreme Judicial Court · 1971
- Forman v. GadouasMassachusetts Supreme Judicial Court · 1924
- Hayes v. JacksonMassachusetts Supreme Judicial Court · 1893
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