Brown v. Bellows
Massachusetts Supreme Judicial Court
This was an action of covenant broken, upon an indenture made between the plaintiff and the defendant on the 21st of July, 1824, in which, after a recital that the parties are in the possession and improvement, and are principal owners, of a certain water privilege, in the westerly part of Concord, with the buildings thereon, machinery, fixtures, &c., and that the water privilege was not at all times sufficient to carry all the machinery of the parties, the plaintiff agrees…
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This was an action of covenant broken, upon an indenture made between the plaintiff and the defendant on the 21st of July, 1824, in which, after a recital that the parties are in the possession and improvement, and are principal owners, of a certain water privilege, in the westerly part of Concord, with the buildings thereon, machinery, fixtures, &c., and that the water privilege was not at all times sufficient to carry all the machinery of the parties, the plaintiff agrees to sell and convey all his right, title, interest, and enjoyments of the above described premises, consisting of all his…
1Opinion of the Court
The opinion of the Court was read as drawn up by
Putnam J.
The first objection is, that the writing declared upon is void, by the statute of frauds, inasmuch as it purports to be a contract concerning the sale of real estate, and is to be partly made out by paroi evidence ; for that the referees are not named in the instrument, but it depends wholly upon paroi evidence to prove who were chosen to be the referees-.
What weight might originally have attached to this suggestion it is not necessary to decide, because the contract has been performed in that respect. The parties were satisfied with…
2Cases cited6 opinions
- Lawrence v. BarkerNew York Supreme Court · 1830
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Hopkins v. LeekNew York Supreme Court · 1834
- Howell v. SauleU.S. Circuit Court for the District of Rhode Island · 1829
- Winston v. MoseleySupreme Court of Alabama · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schreiber v. Pacific Coast Fire InsuranceCourt of Appeals of Maryland · 1950