Lodi v. Goyette
Massachusetts Supreme Judicial Court
Contract, with five counts as described below. Writ in the Police Court of Springfield dated April 21, 1913. The declaration was founded on the following agreement of option signed by the defendant under seal and afterwards extended as below set forth: “Agreement made this sixteenth day of February, 1912, between Arthur J. Goyette and Joseph H. Lodi, both of Springfield, Hampden County, Massachusetts, whereby the said Goyette in consideration of One Hundred Dollars ($100)…
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Contract, with five counts as described below. Writ in the Police Court of Springfield dated April 21, 1913. The declaration was founded on the following agreement of option signed by the defendant under seal and afterwards extended as below set forth: “Agreement made this sixteenth day of February, 1912, between Arthur J. Goyette and Joseph H. Lodi, both of Springfield, Hampden County, Massachusetts, whereby the said Goyette in consideration of One Hundred Dollars ($100) paid this day, gives to the said Lodi the option of purchasing certain real estate in said Springfield, bounden and…
1Opinion of the CourtDe Coijecy, J.
The plaintiff appealed from the order allowing an extension of time for presenting the bill of exceptions to the presiding judge for allowance under Rule 64 of the Superior Court. Assuming that the appeal is properly before us, it must be dismissed. An appeal raises only such questions of law as *77appear by the record. There is in this record nothing to sustain the allegations of fact in the plaintiff’s motion, such as the date of filing and that of allowing the exceptions. Fay v. Upton, 153 Mass. 6.
As to the defendant’s exceptions. If the evidence would support any count in the declaration,…
2Cases cited2 opinions
- Roth v. AdamsMassachusetts Supreme Judicial Court · 1904
- Fay v. Inhabitants of UptonMassachusetts Supreme Judicial Court · 1891
3Cited by3 opinions
- Chem-Lac Products, Inc. v. GeromeMassachusetts Supreme Judicial Court · 1951
- Mayo v. BloombergMassachusetts Supreme Judicial Court · 1935
- Bank of New England, N.A. v. GreerMassachusetts District Court, Appellate Division · 1991