Wilkinson v. Scott
Massachusetts Supreme Judicial Court
This was case for the sum of 200 dollars, had and received by the defendant for the plaintiff’s use. In a second count the plaintiff declares that, on the 1st of July, 1819, he promised the defendant, at his request, to convey to him, by deed of bargain and sale, a certain parcel of land in Gill, in the county of Franklin; and that the defendant, in consideration thereof, promised the plaintiff to pay and secure to him, as the purchase money for the land, the sum of 1200…
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This was case for the sum of 200 dollars, had and received by the defendant for the plaintiff’s use. In a second count the plaintiff declares that, on the 1st of July, 1819, he promised the defendant, at his request, to convey to him, by deed of bargain and sale, a certain parcel of land in Gill, in the county of Franklin; and that the defendant, in consideration thereof, promised the plaintiff to pay and secure to him, as the purchase money for the land, the sum of 1200 dollars, in manner following, viz., the sum of 710 dollars, 91 cents, by assigning to the plaintiff for his use certain…
1Opinion of the CourtParker, C. J.
The plaintiff was nonsuited, upon the ground that parole evidence was inadmissible to support the action; as the fact assumed to be proved, and which he wished to prove, was apparently contradictory to the deed which he .had executed; and because, by the statute oí frauds, this being a contract for the sale of lands, it cannot be proved but by writing signed by the party to be charged.
But we think neither of these objections well founded.
The case does not show an intent to contradict the deed, but merely to show a mistake in giving security for the consideration ; the effect of which was to…
2Cases cited3 opinions
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Shephard v. LittleNew York Supreme Court · 1817
- Seymour v. BennetMassachusetts Supreme Judicial Court · 1817
3Cited by69 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Carrol v. GreenSupreme Court of the United States · 1876
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
- Harper v. GoldschmidtCalifornia Supreme Court · 1909
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