Doherty v. Hill
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to convey to the plaintiff certain real estate in Stoneliam. Answer, the statute of frauds.
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Contract for breach of an agreement to convey to the plaintiff certain real estate in Stoneliam. Answer, the statute of frauds. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows : J. H. Green, who claimed to act as agent for the defendant, and who executed the contract declared on, testified, for the plaintiff, that the estate referred to in said contract was placed in his hands by the defendant in May, 1884, at which time the defendant instructed him to sell it for the sum of $1300 ; that on May 28, 1885, in reply to a telegram from…
1Opinion of the CourtHolmes, J.
The memorandum would have satisfied the statute of frauds, if the evidence had shown that there was only one “estate on Congress Street owned by Sarah A. Hill,” in Stoneham, where the memorandum is dated. Hurley v. Brown, 98 Mass. 545. Scanlan v. Geddes, 112 Mass. 15. Mead v. Parker, 115 Mass. 413. But the evidence shows that there were more than one. The plaintiff argues that this is an ambiguity introduced by paroi, and that therefore it may be removed *468by paroi. 98 Mass. 548. But the statement seems to us misleading. The words show on their face that they may be applicable to one estate…
2Cases cited7 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Scanlan v. GeddesMassachusetts Supreme Judicial Court · 1873
- Boston & Albany Railroad v. RichardsonMassachusetts Supreme Judicial Court · 1883
- Whelan v. SullivanMassachusetts Supreme Judicial Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Sinclair v. . PurdyNew York Court of Appeals · 1923
- Blackstone Realty LLC v. Federal Deposit InsuranceCourt of Appeals for the First Circuit · 2001
- Marks v. . CowdinNew York Court of Appeals · 1919
- In Re the Accounting of LockeNew York Court of Appeals · 1932
- Peirson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
30 more not listed; retrieve them via the Exa API.