Felch v. Hooper
Massachusetts Supreme Judicial Court
Bill IN Equity filed December 2, 1873, against David Hooper and Matilda H. Hooper, of Portland, in the State of Maine, alleging the following facts : On August 16, 1873, David Hooper executed and delivered to the plaintiff a bond, a copy of which was annexed to the bill, and was as follows: “Know all men by these presents that I, David Hooper, oi Portland, county of Cumberland and State of Maine, am holden and stand firmly bound unto Mark C. Felch, of Somerville, county of…
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Bill IN Equity filed December 2, 1873, against David Hooper and Matilda H. Hooper, of Portland, in the State of Maine, alleging the following facts : On August 16, 1873, David Hooper executed and delivered to the plaintiff a bond, a copy of which was annexed to the bill, and was as follows: “Know all men by these presents that I, David Hooper, oi Portland, county of Cumberland and State of Maine, am holden and stand firmly bound unto Mark C. Felch, of Somerville, county of Middlesex and State of Massachusetts, in the sum of five thousand dollars, to the payment of which to the said obligee or…
1Opinion of the CourtColt, J.
The question raised by this demurrer is not whether a contract for the conveyance of land in this Commonwealth can be specifically enforced against a defendant upon whom no service is made within this state, and who is not and never has been a resident. That question was decided in the case of Spurr v. Scoville, 3 Cush. 578.
The question here is whether under such a contract in writing the plaintiff who has paid or tendered the consideration, and has by the defendant’s permission entered upon the land and made improvements thereon, can under our statutes, upon the allegations of this bill,…
2Cases cited4 opinions
- Walsh v. WalshMassachusetts Supreme Judicial Court · 1874
- Rourke v. McLaughlinCalifornia Supreme Court · 1869
- Matteson v. ScofieldWisconsin Supreme Court · 1871
- Waddington v. BanksU.S. Circuit Court for the District of Virginia · 1805
3Cited by40 opinions
- Hart v. SansomSupreme Court of the United States · 1884
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Wilhelm v. Consolidated Oil CorporationCourt of Appeals for the Tenth Circuit · 1936
- Gassert v. StrongMontana Supreme Court · 1908
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