Old Colony Trust Co. v. Chauncey
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on January 6, 1912, and amended as of February 27, 1912, by the Old Colony Trust Company, alleged to be the assignee by virtue of an instrument of assignment of all the rights of Charles W. Whittier of Milton under a contract in writing between Whittier and the defendants dated January 21, 1911, relating to the purchase and sale of a parcel of land with the buildings thereon numbered 48 and 50 on Temple Place in Boston, to…
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Bill in equity, filed in the Supreme Judicial Court on January 6, 1912, and amended as of February 27, 1912, by the Old Colony Trust Company, alleged to be the assignee by virtue of an instrument of assignment of all the rights of Charles W. Whittier of Milton under a contract in writing between Whittier and the defendants dated January 21, 1911, relating to the purchase and sale of a parcel of land with the buildings thereon numbered 48 and 50 on Temple Place in Boston, to enforce the rights of Whittier as purchaser under the contract in the manner stated in the opinion. The defendants…
1Opinion of the CourtRugg, C. J.
This is a bill in equity to enforce the rights alleged to be seemed to the plaintiff under a written agreement. The plaintiff is averred to be the assignee of a contract between one Charles W. Whittier and the defendants, for the sale by them to him of certain real estate. The contract, wherein the defendants are described as the “vendor,” and Whittier (to whose rights the plaintiff has succeeded) as the “vendee,” contained this clause: “if the vendor shall be unable to give title or to make conveyance as above stipulated, any payment made under this agreement shall be refunded and all other…
2Cases cited2 opinions
- Schwab v. BaremoreSupreme Court of Minnesota · 1905
- Pierce v. SignorWisconsin Supreme Court · 1907
3Cited by41 opinions
- Lanna v. GreeneSupreme Court of Connecticut · 1978
- Lucier v. WilliamsMassachusetts Supreme Judicial Court · 1948
- Buckley v. MeerMassachusetts Supreme Judicial Court · 1925
- Widebeck v. SullivanMassachusetts Supreme Judicial Court · 1951
- Margolis v. TarutzMassachusetts Supreme Judicial Court · 1929
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