Thacher v. Weston
Massachusetts Supreme Judicial Court
Tort or contract, witli a declaration as stated below. Writ dated January 3, 1907. The plaintiff’s amended declaration alleged That the defendant made with the plaintiff a contract in writing as follows: “ April 14,1902. “In consideration of Twenty-five Dollars ($25.00), the receipt of which I hereby acknowledge, I hereby agree to sell to Seth T. Thatcher for the sum of Ten Thousand Dollars ($10,000), the estate on the westerly side of Cabot street, situated between Federal…
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Tort or contract, witli a declaration as stated below. Writ dated January 3, 1907. The plaintiff’s amended declaration alleged That the defendant made with the plaintiff a contract in writing as follows: “ April 14,1902. “In consideration of Twenty-five Dollars ($25.00), the receipt of which I hereby acknowledge, I hereby agree to sell to Seth T. Thatcher for the sum of Ten Thousand Dollars ($10,000), the estate on the westerly side of Cabot street, situated between Federal and Pond streets. “ This agreement to be null and void on or after January 1, 1903. “Mrs. Elizabeth D. Weston.” That on…
1Opinion of the CourtHammond, J.
The demurrer was rightly sustained. The plaintiff had simply the option to purchase or not, as he saw fit, the real estate, upon the payment by him of $10,000. It is nowhere alleged in the declaration, either expressly or by fair implication, that at the time of the committal of the acts of which the plaintiff complains he had given notice that he elected to purchase. His contention that his acts with reference to the auction show such election, is untenable. To one reading between the lines such an attempt to sell indicates an intention to postpone a decision until after the auction rather…
2Cases cited2 opinions
- Chappell v. McKnightIllinois Supreme Court · 1884
- Bostwick v. HessIllinois Supreme Court · 1875
3Cited by17 opinions
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- New England Trust Co. v. SpauldingMassachusetts Supreme Judicial Court · 1941
- Durfee House Furnishing Co. v. Great Atlantic & Pacific Tea Co.Supreme Court of Vermont · 1927
- Carolina Timber Co. v. WellsSupreme Court of North Carolina · 1916
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