Scanlan v. Geddes
Massachusetts Supreme Judicial Court
Contract to recover damages for the non-fulfilment of a contract to convey the estate referred to in a writing, of which the following is a copy: “ Boston, Nov. 10, 1870. Received of Patrick Scanlan twenty dollars as forfeit money and part payment the price of house on Fifth Street, between D and E streets ; the price agreed on to be paid for the house is thirty-four hundred dollars.
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Contract to recover damages for the non-fulfilment of a contract to convey the estate referred to in a writing, of which the following is a copy: “ Boston, Nov. 10, 1870. Received of Patrick Scanlan twenty dollars as forfeit money and part payment the price of house on Fifth Street, between D and E streets ; the price agreed on to be paid for the house is thirty-four hundred dollars. The purchaser agrees to pay two thousand when the house is finished, the balance of fourteen hundred to remain on mortgage for a term three years. The undersigned agrees to have the house completed by the first…
1Opinion of the CourtAmes, J.
This case is substantially disposed of by the decision in Hurley v. Brown, 98 Mass. 545. It was there held that a written promise to convey an estate in a certain street would be presumed to relate to an estate owned by the party making the promise. If he owned but one estate answering that description, that is to be regarded as the one to which the description refers. The written memorandum therefore has the same meaning as if the expression had been “ my house between D and E streets,” which would have been a sufficient description. Bird v. Richardson, 8 Pick. 252. Phelps v. Sheldon, 13…
2Cases cited2 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Esty v. CurrierMassachusetts Supreme Judicial Court · 1868
3Cited by27 opinions
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Michelson v. ShermanMassachusetts Supreme Judicial Court · 1942
- Roehl v. HaumesserIndiana Supreme Court · 1888
- Doherty v. HillMassachusetts Supreme Judicial Court · 1887
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