Root v. Burt
Massachusetts Supreme Judicial Court
Contract. The second count of the declaration was as follows : “ The plaintiff says he sold certain real estate to the defendant, and the defendant agreed to pay in part therefor by giving him two promissory notes of $100 each, signed by Thomas J. Pomeroy, and which the defendant agreed to guarantee and .nake himself liable therefor; but the defendant did not do as he agreed respecting said notes, but refused so to do, and the plaintiS says the defendant owes him $218.10 as…
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Contract. The second count of the declaration was as follows : “ The plaintiff says he sold certain real estate to the defendant, and the defendant agreed to pay in part therefor by giving him two promissory notes of $100 each, signed by Thomas J. Pomeroy, and which the defendant agreed to guarantee and .nake himself liable therefor; but the defendant did not do as he agreed respecting said notes, but refused so to do, and the plaintiS says the defendant owes him $218.10 as part pay for said real estate.” Answer: 1st, a general denial; 2d, the statute of frauds. At the trial in the Superior…
1Opinion of the CourtWells, J.
This action, in its second count, is for the recov-
ery of the price of real estate sold and conveyed. As a contract for the sale of lands, it is taken out of the statute of frauds by the conveyance executed by the plaintiff and accepted by the defendant. Wetherbee v. Potter, 99 Mass. 354, 362, and cases cited.
The count sets forth an agreement by which the price of the land was to be paid in part by two notes of a third party, which the defendant agreed to guarantee. That agreement also was within the statute of frauds as a “ special promise to answer for the debt” of another. Gen. Sts. c.…
2Cases cited2 opinions
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
3Cited by15 opinions
- Dangelo v. FarinaMassachusetts Supreme Judicial Court · 1942
- Dieckman v. WalserSupreme Court of New Jersey · 1933
- Kelley v. ThompsonMassachusetts Supreme Judicial Court · 1902
- Swank v. MoisanOregon Supreme Court · 1917
- Miller v. RobertsMassachusetts Supreme Judicial Court · 1897
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