Holst v. Stewart
Massachusetts Supreme Judicial Court
Tort, in five counts, for false and fraudulent representations, with a count in contract. Writ dated August 19, 1889. At the trial, the plaintiff waived his claim under all the counts except the second and third.
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Tort, in five counts, for false and fraudulent representations, with a count in contract. Writ dated August 19, 1889. At the trial, the plaintiff waived his claim under all the counts except the second and third. The second count of the declaration, amended after the former decision in this case, reported 154 Mass. 445, by the addition of the words enclosed in brackets, alleged that the plaintiff purchased of Sarah C. Saunders a tract of land situated in North Stoughton, and conveyed to her his estate in Everett, and paid to the defendants, who were acting as his agents, three hundred and…
1Opinion of the CourtKnowlton, J.
This case comes before us on an appeal from an order of the Superior Court overruling the defendant Pratt’s demurrer to the declaration, on a bill of exceptions to the refusal of the court to order a judgment for the defendants upon the first and third counts, on the dismissal , of the plaintiff’s exceptions after the first trial, and on a bill of exceptions to certain rulings and refusals to rule at the last trial.
At the last trial the plaintiff waived his claim under all the counts except the second and third, and the demurrer to these two counts is all that is material under the defendant…
2Cases cited5 opinions
- Poland v. BrownellMassachusetts Supreme Judicial Court · 1881
- Brown v. LeachMassachusetts Supreme Judicial Court · 1871
- Lewis v. JewellMassachusetts Supreme Judicial Court · 1890
- Hayes v. WilsonMassachusetts Supreme Judicial Court · 1870
- Holst v. StewartMassachusetts Supreme Judicial Court · 1891
3Cited by27 opinions
- Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
- Brockton Olympia Realty Co. v. LeeMassachusetts Supreme Judicial Court · 1929
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