Clark v. Chamberlin
Massachusetts Supreme Judicial Court
Contract for the breach of an agreement for the purchase of land. Among other defences the Statute of Frauds was relied upon. The case was tried in the Superior Court, before Devens, J., without a jury, who, upon the facts as found by him, reported the case for the determination of this court. The facts, so far as they were material to decision, were as follows : The plaintiff, being the owner of certain land in Brookline,advertised and offered it for sale by auction.
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Contract for the breach of an agreement for the purchase of land. Among other defences the Statute of Frauds was relied upon. The case was tried in the Superior Court, before Devens, J., without a jury, who, upon the facts as found by him, reported the case for the determination of this court. The facts, so far as they were material to decision, were as follows : The plaintiff, being the owner of certain land in Brookline,advertised and offered it for sale by auction. Prior to the sale, the auctioneer exhibited to the defendant an old plan, and made an oral statement to him that the lots…
1Opinion of the CourtMorton, J.
The insuperable difficulty in the plaintiff’s case is, that the memorandum in writing does not contain a description of the premises sold sufficient to satisfy the Statute of Frauds. It describes the land sold as lots Ho. 1 and 2, but no plan is referred to, and none existed, fixing the location or limits of the lots. It does not in itself, or by reference to other writings, contain the means of identifying the premises. Whelan v. Sullivan, 102 Mass. 204.
It shows that the defendant agreed to purchase a part of a large tract of land owned by the plaintiff, but furnishes no means of determining…
2Cases cited1 opinion
- Whelan v. SullivanMassachusetts Supreme Judicial Court · 1869
3Cited by8 opinions
- Allen v. KitchenIdaho Supreme Court · 1909
- Marriner v. DennisonCalifornia Supreme Court · 1889
- Fox v. CourtneySupreme Court of Missouri · 1892
- Harrigan v. DodgeMassachusetts Supreme Judicial Court · 1909
- Harris v. ScottSupreme Court of Virginia · 1942
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