Pead v. Trull
Massachusetts Supreme Judicial Court
Contract, against the administrator of the estate of Christopher Whitman, for an alleged breach of a written agreement. Trial in the Superior Court, without a jury, before Bishop, J., who found for the defendant; and, at the request of the parties, reported the case for the determination of this court.
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Contract, against the administrator of the estate of Christopher Whitman, for an alleged breach of a written agreement. Trial in the Superior Court, without a jury, before Bishop, J., who found for the defendant; and, at the request of the parties, reported the case for the determination of this court. If the plaintiff was entitled to recover, the finding was to be set aside and judgment entered for the plaintiff in the sum of $500, or the case sent back for the assessment of damages; otherwise, judgment was to be entered upon the finding. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action of contract upon an indenture by which, in consideration of the plaintiff Bead’s covenant, Whitman covenanted to convey certain land to Bead within forty-five days, and Bead, in consideration of Whitman’s covenant, covenanted to convey certain land to Whitman within forty-five days, and further covenanted to pay him fifteen hundred dollars upon receiving a deed of Whitman’s land; and to give Whitman a note for three thousand dollars secured by second mortgage on the Whitman land and to assume and pay a first mortgage with interest from the date of the conveyance to him. Then…
2Cases cited4 opinions
- Hapgood v. ShawMassachusetts Supreme Judicial Court · 1870
- West v. PlattMassachusetts Supreme Judicial Court · 1878
- Brown v. DavisMassachusetts Supreme Judicial Court · 1885
- Kenerson v. ColgarMassachusetts Supreme Judicial Court · 1895
3Cited by12 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Cheney v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1923
- Corrigan v. PayneMassachusetts Supreme Judicial Court · 1942
- Fauci v. DenehyMassachusetts Supreme Judicial Court · 1955
- Sullivan v. F. E. Atteaux & Co.Massachusetts Supreme Judicial Court · 1933
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