Potter v. Jacobs
Massachusetts Supreme Judicial Court
Bill in equity for specific performance of a contract by the defendant to convey a parcel of land to the plaintiff, Ednah B. Potter, wife of the other plaintiff, William Potter. The answer set up the statute of frauds.
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Bill in equity for specific performance of a contract by the defendant to convey a parcel of land to the plaintiff, Ednah B. Potter, wife of the other plaintiff, William Potter. The answer set up the statute of frauds. The case was referred to a master the material parts of whose report were as follows : “ On or about June 22, 1868, it was orally agreed between the plaintiff William Potter and the defendant, that the defendant would sell and convey to the plaintiff, Ednah B. Potter, wife of said William, the lot of land described in the bill for the sum of $500, to be paid in three months,…
1Opinion of the CourtColt, J.
The plaintiffs ask for the specific performance of an oral contract for the sale of land; first, on the ground that the deed which was subsequently drawn up in pursuance of the contract, but not delivered, was a sufficient memorandum to satisfy the statute of frauds; and next, because there has been part performance sufficient to entitle them • in a court of equity to the relief prayed for.
Under the full equity jurisdiction which this court now has, the plaintiffs’ right to the decree they ask is maintained by us upon the ground last named. It will not be necessary to consider whether the…
2Cases cited2 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
3Cited by24 opinions
- Andrews v. CharonMassachusetts Supreme Judicial Court · 1935
- Williams v. CartyMassachusetts Supreme Judicial Court · 1910
- Curran v. MageeMassachusetts Supreme Judicial Court · 1923
- Elmore v. SymondsMassachusetts Supreme Judicial Court · 1903
- Hazleton v. LewisMassachusetts Supreme Judicial Court · 1929
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