Legal Opinion

Richards v. Allen

Supreme Judicial Court of Maine

Decided June 15, 1840PublishedCited by 15 opinions

Exceptions from the Court of Common Pleas, Redington J. presiding. . Assumpsit for a quantity of bricks delivered in 1829, and a yoke of oxen delivered January 27, 1832. The writ was dated January 27, 1838. Eighteen or twenty years before the commencement of the'suit, the plaintiff contracted verbally with the defendant for the purchase of a farm, and entered upon the farm under that verbal contract, and lived thereon until the time of trial.

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Exceptions from the Court of Common Pleas, Redington J. presiding. . Assumpsit for a quantity of bricks delivered in 1829, and a yoke of oxen delivered January 27, 1832. The writ was dated January 27, 1838. Eighteen or twenty years before the commencement of the'suit, the plaintiff contracted verbally with the defendant for the purchase of a farm, and entered upon the farm under that verbal contract, and lived thereon until the time of trial. The bricks and the oxen were delivered at the respective times charged in part payment of the farm, under the verbalu contract for the purchase thereof.…

1Opinion of the Court

The opinion of the Court was by

Weston C. J.

The contract between the parties in regard te the farm, was one, which being by parol, could not be enforced at law. It was however morally binding; and payments made by *299the plaintiff, on account of the purchase, could not be reclaimed, so long as the defendant was in no fault. But if he, without any justifiable cause, repudiated the contract, and refused to be bound by it, a right of reclamation would accrue to the plaintiff, to the extent required by the principles of justice and equity. The statute of limitations would not begin to run, until the…

2Cases cited1 opinion

  1. Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819

3Cited by15 opinions

  1. Todd v. BettingenSupreme Court of Minnesota · 1910
  2. Supreme Lodge Knights of Pythias v. NeeleyCourt of Appeals of Texas · 1911
  3. Kicks v. State BankNorth Dakota Supreme Court · 1904
  4. Salisbury v. Credit Service, Inc.Superior Court of Delaware · 1937
  5. Galway v. ShieldsSupreme Court of Missouri · 1877

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