Kenerson v. Henry
Massachusetts Supreme Judicial Court
Contract for breach of an agreement under seal, dated October 10, 1865, by and between the plaintiff and the de-. fendant, of which the following was the material part: 11 Whereas the said Oscar N. Kenerson has this day conveyed to Eliza A. Henry, wife of said James' E. Henry, by two certain deeds of even date herewith, certain real estate situated in Cambridge: now therefore it is agreed that the said Henry will convey to said Kenerson, by good and sufficient deed of…
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Contract for breach of an agreement under seal, dated October 10, 1865, by and between the plaintiff and the de-. fendant, of which the following was the material part: 11 Whereas the said Oscar N. Kenerson has this day conveyed to Eliza A. Henry, wife of said James' E. Henry, by two certain deeds of even date herewith, certain real estate situated in Cambridge: now therefore it is agreed that the said Henry will convey to said Kenerson, by good and sufficient deed of warranty, the land in said deeds described, for the sum of twenty-six hundred dollars, at the expiration of two years from…
1Opinion of the CourtWells, J.
The plaintiff seeks to recover for a breach of the second branch of the contract, by a sale and conveyance of the property without first offering it to the plaintiff at the agreed price. Under this clause it was not for the plaintiff to tender the price, and demand a deed. He was entitled to have the offer of a deed made to him, and had no occasion to provide the money until such offer should be made. It is no excuse for the defendant that the plaintiff had no money of his own. With the offer of a conveyance he might be enabled to provide the means of paying the price.
It may be that the…
2Cases cited1 opinion
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
3Cited by16 opinions
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- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. HeffronMassachusetts Supreme Judicial Court · 1869
- Read v. SmithTexas Supreme Court · 1883
- Martin, Admx. v. N. York N. England R. R. Co.Supreme Court of Connecticut · 1892
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