Mead v. Parker
Massachusetts Supreme Judicial Court
Contract to recover damages lac an alleged breach of the following contract in writing signed by the defendant: “ Boston, December 17th, 1872. This is to certify that I, Jonas Parker, have sold to Franklin Mead a house on Church Street for the sum of fifty-five hundred dollars; and, in payment, said Mead assumes the mortgage of . twenty-nine hundred dollars, and pays cash one hundred dollars; balance, bill of sale of a steam engine and crushing machine, and trucks and…
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Contract to recover damages lac an alleged breach of the following contract in writing signed by the defendant: “ Boston, December 17th, 1872. This is to certify that I, Jonas Parker, have sold to Franklin Mead a house on Church Street for the sum of fifty-five hundred dollars; and, in payment, said Mead assumes the mortgage of . twenty-nine hundred dollars, and pays cash one hundred dollars; balance, bill of sale of a steam engine and crushing machine, and trucks and railway, and all the implements in the building; and also the building in which the said machinery and tools, now with the…
1Opinion of the CourtWells, J.
In the opinion of a majority of the court, there is no substantial point of difference by which to distinguish this case from Hurley v. Brown, 98 Mass. 545. In that the writing disclosed an agreement for the sale of “ a house and lot of land situated on Amity Street.” There being several such, paroi evidence was admitted to show that there was one only which the defendant had any right to convey, and that the parties had been in treaty for the sale and purchase of it. The court held that the subject matter of the contract might thus be identified; and when so ascertained the writing might be…
2Cases cited3 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Putnam v. BondMassachusetts Supreme Judicial Court · 1868
3Cited by77 opinions
- Marks v. . CowdinNew York Court of Appeals · 1919
- Ransdel v. MooreIndiana Supreme Court · 1899
- Allen v. KitchenIdaho Supreme Court · 1909
- Tewksbury v. HowardIndiana Supreme Court · 1894
- Farmer v. . BattsSupreme Court of North Carolina · 1880
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