Vose v. Dolan
Massachusetts Supreme Judicial Court
Tort for the conversion of a lot of earth, gravel and stone. The case was referred by the superior court to an arbitrator, the material parts of whose report were as follows: The parties agreed in writing on March 14, 1861, that the defendant should make certain streets and remove the earth and gravel in certain mounds or knolls on the plaintiff’s estate; and the defendant began the work, but had not finished removing all the earth and gravel on April 14, 1864. The plaintiff…
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Tort for the conversion of a lot of earth, gravel and stone. The case was referred by the superior court to an arbitrator, the material parts of whose report were as follows: The parties agreed in writing on March 14, 1861, that the defendant should make certain streets and remove the earth and gravel in certain mounds or knolls on the plaintiff’s estate; and the defendant began the work, but had not finished removing all the earth and gravel on April 14, 1864. The plaintiff offered to prove that on that day the parties signed and sealed an instrument in duplicate, of which the following is…
1Opinion of the CourtColt, J.
Upon the question submitted by the report of the referee, we are clearly of opinion that evidence of the means taken to ascertain the quantity of earth, gravel and stone which was to be removed under the contract of April 14, and of the subsequent filling of the blanks in the note and sealed instrument with the ascertained amounts, was properly received by him; and that the instrument containing the terms of the contract was binding upon the defendant as his deed, notwithstanding the subsequent filling of the blanks. It was a completed, intelligible contract when it was executed. The…
2Cases cited2 opinions
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
- Commonwealth v. Emigrant Industrial Savings BankMassachusetts Supreme Judicial Court · 1867
3Cited by2 opinions
- Stiles v. City State BankSupreme Court of Oklahoma · 1916
- Murray v. KlinzingSupreme Court of Connecticut · 1894