Williams v. Smith
Massachusetts Supreme Judicial Court
Contract, for breach of an agreement to convey certain land to the plaintiff. The declaration alleged that the defendant, on or about May 25,1892, in consideration of the plaintiff’s promise to buy certain land in Newtonville, agreed to sell, and within a reasonable time thereafter to convey it to him for the sum of $10,000 ; that the plaintiff was at all times ready and willing to pay the purchase price and to accept a deed of the land, but that the defendant, in violation…
Read the full summary
Contract, for breach of an agreement to convey certain land to the plaintiff. The declaration alleged that the defendant, on or about May 25,1892, in consideration of the plaintiff’s promise to buy certain land in Newtonville, agreed to sell, and within a reasonable time thereafter to convey it to him for the sum of $10,000 ; that the plaintiff was at all times ready and willing to pay the purchase price and to accept a deed of the land, but that the defendant, in violation of his contract, subsequently, on June 16, 1892, a reasonable time for the performance of the contract not having then…
1Opinion of the CourtAllen, J.
The question which arises in this case under the statute of frauds is whether the contract declared on is shown by any sufficient memorandum or note thereof in writing signed by the defendant. If not, the action cannot be maintained. Pub. Sts. c. 78, § 1.
The contract declared on is an agreement made by the defendant on or about May 25,1892, to sell to the plaintiff certain land, in consideration of the plaintiff’s promise to buy the same; a mutual agreement for sale and purchase, entered into by both parties, and concluded on that day. The plaintiff testified that such a mutual agreement was…
2Cited by8 opinions
- Phoenix Spring Beverage Co. v. Harvard Brewing Co.Massachusetts Supreme Judicial Court · 1942
- Dutton v. BennettMassachusetts Supreme Judicial Court · 1926
- Schmoll Fils & Co. v. WheelerMassachusetts Supreme Judicial Court · 1922
- Thomas J. Baird Inv. Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1913
- Lawrence v. RosenbergMassachusetts Supreme Judicial Court · 1921
3 more not listed; retrieve them via the Exa API.