Towne v. Fiske
Massachusetts Supreme Judicial Court
Tout for the conversion of a hot-air furnace and pipes, and of certain gas-fixtures, attached by the defendant, a deputy of the sheriff of Middlesex, on a writ in which William Claflin was plaintiff and Robert S. Webster and Sophia G. Webster, his wife, were defendants, and afterwards sold on execution.
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Tout for the conversion of a hot-air furnace and pipes, and of certain gas-fixtures, attached by the defendant, a deputy of the sheriff of Middlesex, on a writ in which William Claflin was plaintiff and Robert S. Webster and Sophia G. Webster, his wife, were defendants, and afterwards sold on execution. At the trial in the Superior Court before Putnam, J., it appeared that, in August 1874, Robert S. Webster made a verba] contract with- Claflin, by the terms of which the latter was to convey to Mrs. Webster a parcel of land in Newton on the performance by her of certain conditions ; and under…
1Opinion of the CourtSoule, J.
The first, second, seventh, and eighth requests by the defendant were properly refused. There was evidence on each of the matters involved, proper for the consideration of the jury in determining a question of fact. It would have been error in the court to rule, as matter of law, in accordance with either of these requests. The same is true as to the fourth request. The fifth request, so far as it relates to the cold-air box, the hot-air pipes, the registers and the soapstone frames, became immaterial, because the court ruled, in accordance with the third and sixth requests of the defendant,…
2Cases cited4 opinions
- McConnell v. BloodMassachusetts Supreme Judicial Court · 1877
- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
- Harrington v. KingMassachusetts Supreme Judicial Court · 1876
- Shaw v. KalerMassachusetts Supreme Judicial Court · 1871
3Cited by19 opinions
- Commonwealth v. TurnerMassachusetts Supreme Judicial Court · 1916
- Fratt v. WhittierCalifornia Supreme Court · 1881
- Atchison, Topeka & Santa Fé Railroad v. MorganSupreme Court of Kansas · 1889
- Allen v. MooneyMassachusetts Supreme Judicial Court · 1881
- Hook v. BoltonMassachusetts Supreme Judicial Court · 1908
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