Marcus v. Clark
Massachusetts Supreme Judicial Court
Contract for alleged breach of an agreement in writing to convey to the plaintiffs certain land in that part of Boston called West Roxbury. Writ dated November 4, 1902. In the Superior Court the case was tried before Mason, C. J., without a jury. The judge found for the defendants; and the plaintiffs alleged exceptions, raising the questions stated by the court.
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Contract for alleged breach of an agreement in writing to convey to the plaintiffs certain land in that part of Boston called West Roxbury. Writ dated November 4, 1902. In the Superior Court the case was tried before Mason, C. J., without a jury. The judge found for the defendants; and the plaintiffs alleged exceptions, raising the questions stated by the court. The sixth ruling requested by the plaintiffs, which is mentioned in the opinion and held to have been refused rightly, was as follows: “ If the court finds that the plaintiff was not bound under the agreement of August 28, 1902, to…
1Opinion of the CourtBoring, J.
This is an action on a written contract for the purchase and sale of land, to recover damages suffered by the *411purchaser from the sellers’ failure to fulfil their part of the agreement. The contract called for a conveyance by the defendants free from incumbrances upon payment of $25,000 within sixty days from the date thereof. Five thousand dollars of the purchase money was paid by the assignment of a note immediately after the contract was signed. The contract was dated August 28, 1902, and was assigned by the plaintiffs to one Jennings on the day it was executed. The plaintiffs proved that…
2Cases cited1 opinion
- Burk v. SchreiberMassachusetts Supreme Judicial Court · 1903
3Cited by6 opinions
- Siegel v. ShawMassachusetts Supreme Judicial Court · 1958
- Downey v. LevensonMassachusetts Supreme Judicial Court · 1924
- Brown v. PetersonArizona Supreme Court · 1925
- Keegan v. O'DonnellMassachusetts Supreme Judicial Court · 1941
- Queenin v. BlankMassachusetts Supreme Judicial Court · 1929
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