Copeland v. Wading River Reservoir Co.
Massachusetts Supreme Judicial Court
Contract to recover the amount awarded by referees to be paid to the plaintiffs for a tract of land. Trial in this court, be« fore Colt, J., who reported the following case: The plaintiffs and defendants entered into an agreement under seal, reciting the desire of the defendants to flow a tract of land belonging to the plaintiffs, and providing that certain persons named as referees should award and determine the sum to be paid by the defendants to the plaintiffs “ for what…
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Contract to recover the amount awarded by referees to be paid to the plaintiffs for a tract of land. Trial in this court, be« fore Colt, J., who reported the following case: The plaintiffs and defendants entered into an agreement under seal, reciting the desire of the defendants to flow a tract of land belonging to the plaintiffs, and providing that certain persons named as referees should award and determine the sum to be paid by the defendants to the plaintiffs “ for what land they may wish to flow; ” that the defendants should pay such sum; and that the plaintiffs should give a deed of the…
1Opinion of the CourtChapman, C. J.
The award was made upon a submission which was originally in writing, and related only to such land as the defendants might wish to flow. It was afterwards enlarged by an oral agreement, so as to include upland not flowed, but injured by being separated from other land. An award thus made in part under a mere oral power would not bind the plaintiffs to convey the land. Walters v. Morgan, 2 Cox Ch. 369. French *399v. New, 28 N. Y. 147. As the plaintiffs were left at their option whether to perform it or not, the defendants could not be bound, for the submission expressly required an award that…
2Cases cited1 opinion
- French v. . NewNew York Court of Appeals · 1863
3Cited by1 opinion
- Brown v. MizeSupreme Court of Alabama · 1898