Cohen v. Jackson
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 9, 1911, to compel the specific performance of an alleged contract to convey to the plaintiff a certain parcel of land in Lynn.
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Bill in equity, filed in the Superior Court on February 9, 1911, to compel the specific performance of an alleged contract to convey to the plaintiff a certain parcel of land in Lynn. The alleged contract, of which a copy was annexed to the bill, was as follows: “ Lynn, Mass., Nov. 15,1910. “ Received of Jacob Cohen of said Lynn fifty dollars, to be used in the purchase of that certain lot of land situate at the junction of Lander St. with Chestnut St. in said Lynn, belonging to Charles T. Jackson. “ Price of said lot not to exceed fifteen hundred and fifty dollars. In case of purchase, said…
1Opinion of the CourtBraley, J.
The executory contract for the specific performance of which the bill is brought is sufficient in form to satisfy the requirements of R. L. c. 74, § 1, cl. 4, but unless executed and delivered by the defendant’s authority it cannot be enforced.
The defendant, who was the owner, employed one Ingalls, a real estate broker, to sell the property but no instructions were given to him as to the price or terms of sale. It was after negotiations by the agent with the plaintiff that a sale was effected and the contract in question, signed by the agent in behalf of the defendant, was delivered.
If it be…
2Cases cited7 opinions
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
- New York & Colorado Mining Syndicate & Co. v. FraserSupreme Court of the United States · 1889
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Sinking Fund Com'rs v. Northern Bank Ky.Court of Appeals of Kentucky · 1858
- Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
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3Cited by10 opinions
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- Bresnahan v. Brighton Avenue Baptist ChurchMassachusetts Supreme Judicial Court · 1932
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