Roberts v. French
Massachusetts Supreme Judicial Court
Contract for money had and received by the defendant to the plaintiff’s use. Trial in the Superior Court, before Thompson, J., who ruled that the plaintiff was not entitled to recover, and, after a verdict for the defendant, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action to recover two hundred dollars paid by the plaintiff as part payment of the price of a lot of land for which he made the highest bid at a sale by auction. The advertisements described the lot as containing about eleven thousand square feet, and as extending one hundred and thirty feet on the east. The plaintiff’s evidence tended to show that at the sale one of the firm of auctioneers read the advertisement and said that the defendant’s husband and himself had measured the land, (as they had.done,) and that its dimensions were as stated in the posted bill, except as to the…
2Cases cited12 opinions
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Deming v. DarlingMassachusetts Supreme Judicial Court · 1889
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Windram v. FrenchMassachusetts Supreme Judicial Court · 1890
- Parker v. MoultonMassachusetts Supreme Judicial Court · 1873
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3Cited by25 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Eichelberger v. Mills Land & Water Co.California Court of Appeal · 1908
- Burns v. DockrayMassachusetts Supreme Judicial Court · 1892
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