Diebold Safe & Lock Co. v. Morse
Massachusetts Supreme Judicial Court
Contract, with a declaration as amended in two counts, the first count being upon a breach by the defendant of an agreement in writing to lease to the plaintiff the premises numbered 55 Sudbury Street in Boston, and the second count being based upon allegations that “in consideration of the plaintiff’s agreement to accept a lease of said premises and other valuable considerations, the defendant agreed and promised to give to the plaintiff a lease of the said premises; that a…
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Contract, with a declaration as amended in two counts, the first count being upon a breach by the defendant of an agreement in writing to lease to the plaintiff the premises numbered 55 Sudbury Street in Boston, and the second count being based upon allegations that “in consideration of the plaintiff’s agreement to accept a lease of said premises and other valuable considerations, the defendant agreed and promised to give to the plaintiff a lease of the said premises; that a memorandum or note of such contract is in writing and signed by the defendant or by his agent thereunto by him lawfully…
1Opinion of the CourtPierce, J.
The direction of a verdict for the defendant upon the opening, upon the pleadings and upon the report of the Superior Court judge in the action of the Diebold Safe & Lock Co. v. Morse, which was reported in 226 Mass. 342, was error. In his opening *20to the jury counsel for the plaintiff made a declaration of the facts which he expected to prove by testimony, which are the facts, in substance, reported in the suit in equity. In addition thereto he stated, “There was some other correspondence that will come in the evidence, I will not take the time in the opening.” The record does not disclose…
2Cases cited14 opinions
- The Haytian RepublicSupreme Court of the United States · 1894
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Ballou v. BillingsMassachusetts Supreme Judicial Court · 1884
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3Cited by7 opinions
- Mackintosh v. ChambersMassachusetts Supreme Judicial Court · 1934
- Abbott v. BeanMassachusetts Supreme Judicial Court · 1936
- Hunt v. RiceMassachusetts Appeals Court · 1988
- James Stewart & Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1935
- Town on Boylston v. McGrathMassachusetts Supreme Judicial Court · 1965
2 more not listed; retrieve them via the Exa API.