McIntyre v. Park
Massachusetts Supreme Judicial Court
Action of contract for the non-performance of an indenture between the plaintiff of the first part, and the defendant, D. W. Castle, of Beloit, Wisconsin, and David S. Young, of Lee Centre, New York, of the second part, dated the 18th of March 1857, whereby the plaintiff agreed to convey to them on the 15th of April a parcel of land in Northampton, and the buildings thereon, used by the plaintiff for dealing in flour and grain, and the personal property and stock used…
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Action of contract for the non-performance of an indenture between the plaintiff of the first part, and the defendant, D. W. Castle, of Beloit, Wisconsin, and David S. Young, of Lee Centre, New York, of the second part, dated the 18th of March 1857, whereby the plaintiff agreed to convey to them on the 15th of April a parcel of land in Northampton, and the buildings thereon, used by the plaintiff for dealing in flour and grain, and the personal property and stock used therein; and they agreed to pay therefor the sum of $7850, $2500 on delivery of the deed, and the rest in semi-annual…
1Opinion of the CourtMetcalf, J.
We express no opinion on the question whether the sum of five hundred dollars, mentioned in the agreement upon which this action is brought, is a penalty or liquidated damages. That point was ruled in the defendant’s favor, and the plaintiff has not excepted to the ruling.
*106The evidence of the defendant’s ratification or adoption of the agreement executed in his name was rightly admitted ; and he, by such ratification or adoption, became answerable for a breach of that agreement. Merrifield v. Parritt, 11 Cush. 590. In that case, the agreement was not under seal; and the defendant contends that…
2Cases cited1 opinion
- McDonald v. EgglestonSupreme Court of Vermont · 1853