Boston & Worcester Street Railway Co. v. Rose
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 14, 1904, to compel the specific performance of a contract to convey to the plaintiff a narrow strip of land in the town of Natick with an easement in adjoining land. The plaintiff was allowed to amend its bill by adding the words quoted below.
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Bill in equity, filed in the Superior Court on September 14, 1904, to compel the specific performance of a contract to convey to the plaintiff a narrow strip of land in the town of Natick with an easement in adjoining land. The plaintiff was allowed to amend its bill by adding the words quoted below. In allowing the amendment the judge imposed the condition, that, if it should be determined that the bill was not maintainable without the amendment, the plaintiff was to take no costs to the date of the amendment and was to pay the defendant’s costs to that date. Annexed to the bill was a copy…
1Opinion of the CourtKnowlton, C. J.
The master has found that the two papers, one dated April 26, 1904, and signed by the defendant, and the other dated April 30, 1904, and signed by the plaintiff’s agent, “ were delivered at the same time and together constitute the option which the defendant gave the plaintiff, and which entitled the plaintiff to a proper warranty deed of the property described therein upon the performance of the conditions therein named, or in some form by which the rights of the defendant should be protected.” The option was accepted in writing on July 25, 1904, and became operative as a contract at that…
2Cases cited6 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Mansfield v. HodgdonMassachusetts Supreme Judicial Court · 1888
- O'Brien v. BolandMassachusetts Supreme Judicial Court · 1896
- Carter v. PhillipsMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
- Rigs v. SokolMassachusetts Supreme Judicial Court · 1945
- Greylock Mills v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1929
- Mansfield v. WilesMassachusetts Supreme Judicial Court · 1915
- Breen v. MayneSupreme Court of Iowa · 1908
18 more not listed; retrieve them via the Exa API.