Pickman v. Trinity Church
Massachusetts Supreme Judicial Court
The first case was an action of contract for money had and received to recover $1311.57, alleged to have been paid by the plaintiff to the defendant by mistake. Answer, a general denial.
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The first case was an action of contract for money had and received to recover $1311.57, alleged to have been paid by the plaintiff to the defendant by mistake. Answer, a general denial. At the trial in the Superior Court, before Wilkinson, J., without a jury, the plaintiff offered to prove the following facts : In February, 1874, the defendant made a written agreement with the plaintiff to sell and convey to him, at the rate of $27 a square foot, a piece of land on Summer Street in Boston, bounded and described as follows: “ All that lot of land bounded southerly on Summer Street, lying…
1Opinion of the CourtColt, J.
The plaintiff in each of these cases seeks to recover money paid to the defendant corporation as part of the consideration for a deed of land which proved deficient in the quantity agreed to be conveyed. The first case is an action at law for money had and received. It was tried by the court without a jury. The plaintiff offered to prove, in substance, that he agreed in writing to buy and the defendant agreed to sell an estate on Summer Street, lying between land which it had previously sold to other parties and land of Thorndike, at twenty-seven dollars by the square foot; that the defendant…
2Cases cited6 opinions
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
- Spurr v. BenedictMassachusetts Supreme Judicial Court · 1868
- Howe v. BassMassachusetts Supreme Judicial Court · 1807
- Codman v. JenkinsMassachusetts Supreme Judicial Court · 1817
- Tarbell v. BowmanMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mallard v. EwingSupreme Court of Florida · 1935
- Percival v. ChaseMassachusetts Supreme Judicial Court · 1903
- Ratshesky v. PiscopoMassachusetts Supreme Judicial Court · 1921
- Burk v. SchreiberMassachusetts Supreme Judicial Court · 1903
- Arizona Commercial Mining Co. v. Iron Cap Copper Co.Massachusetts Supreme Judicial Court · 1920
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