Linscott v. McIntire
Supreme Judicial Court of Maine
Assumpsit for money had and received. On October 5, 1826, the plaintiff had conveyed to E. Grover a farm, receiving hack from him an instrument of the same date, not under seal, whereby he promised to reconvey, at any time within three years, upon being paid five hundred dollars with interest.
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Assumpsit for money had and received. On October 5, 1826, the plaintiff had conveyed to E. Grover a farm, receiving hack from him an instrument of the same date, not under seal, whereby he promised to reconvey, at any time within three years, upon being paid five hundred dollars with interest. A few days before the expiration of the three years, the plaintiff applied to the defendant to pay the sum due to Grover, and take a deed to himself, to which the defendant assented, paid the money, and took an absolute deed from Grover to himself. The plaintiff proved, that it was verbally agreed, at…
1Opinion of the Court
*203The case was continued for advisement, and the opinion of the Court afterwards drawn up by
Weston C. J.
The consideration-for the promise, upon which the plaintiff relies, was the sale by him of a certain interest in real estate to the defendant. If this contract of sale had been an ex-ecutory agreement, there being no note or memorandum in writing, signed by the party to be charged, it would have been void by the statute of frauds, and would therefore have constituted no legal consideration for the defendant’s promise. But the consideration was executed. The plaintiff having a legal and…
2Cases cited2 opinions
- Hess v. FoxNew York Supreme Court · 1833
- Dillingham v. RunnelsMassachusetts Supreme Judicial Court · 1808
3Cited by8 opinions
- Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
- Beulah Marble Co. v. MatticeSupreme Court of Colorado · 1896
- Byers v. LockeCalifornia Supreme Court · 1892
- McClintock v. ThweattSupreme Court of Arkansas · 1903
- Sullivan v. WintersSupreme Court of Arkansas · 1909
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