Inhabitants of Revere v. Revere Water Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 11, 1909, and there amended and removed to this court, where it further was amended several times, seeking to have" an agreement of sale between the town of Revere and the Revere Water Company (hereinafter called “the company”) and the sale and conveyance made in accordance therewith declared void on the ground of fraud, and for certain other relief hereinafter described.
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Bill in equity, filed in the Superior Court on February 11, 1909, and there amended and removed to this court, where it further was amended several times, seeking to have" an agreement of sale between the town of Revere and the Revere Water Company (hereinafter called “the company”) and the sale and conveyance made in accordance therewith declared void on the ground of fraud, and for certain other relief hereinafter described. The suit was referred to Boyd B. Jones, Esquire, as master. In his report, filed on March 29, 1913, he stated the purposes of the suit when it was heard by him to be as…
1Opinion of the CourtSheldon, J.
This bill was brought to rescind the sale to the plaintiff of the defendant’s waterworks and plant, for alleged fraud of the defendant. Upon the facts found and reported by the master, that contention cannot be maintained. If this report is confirmed, yet the plaintiff, though not rescinding its purchase but retaining the property acquired thereby, now seeks to set aside the stipulation for the price which it was to pay, and to have the amount thereof determined anew, by making certain deductions from the agreed amount thereof. Equity cannot do this; it would be to make a new agreement for…
2Cases cited6 opinions
- Braintree Water Supply Co. v. Inhabitants of BraintreeMassachusetts Supreme Judicial Court · 1888
- Rockport Water Co. v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1894
- Coffing v. DodgeMassachusetts Supreme Judicial Court · 1897
- Tuttle v. Batchelder & Lincoln Co.Massachusetts Supreme Judicial Court · 1898
- Seward v. Revere Water Co.Massachusetts Supreme Judicial Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cohasset Water Co. v. Town of CohassetMassachusetts Supreme Judicial Court · 1947