Tripp v. Smith
Massachusetts Supreme Judicial Court
Contract for an alleged breach of an agreement in writing to purchase from the plaintiff certain land with a grocery store thereon and personal property appertaining thereto. Writ in the Third District Court of Bristol dated February 7, 1899. , Coming by appeal to the Superior Court, the case was tried before IAlley, J., without a jury.
Read the full summary
Contract for an alleged breach of an agreement in writing to purchase from the plaintiff certain land with a grocery store thereon and personal property appertaining thereto. Writ in the Third District Court of Bristol dated February 7, 1899. , Coming by appeal to the Superior Court, the case was tried before IAlley, J., without a jury. The contract declared on, omitting the attesting clause and the signatures of the parties and of the attesting witnesses, was as follows: “ Agreement made this fifteenth day of December, A. D. 1898 between A. C. Tripp of New Bedford, Mass., Bristol Co., of the…
1Opinion of the Court
Knowltoít, J.
The plaintiff agreed to sell and the defendant agreed to buy certain real estate in New Bedford, and certain goods and personal property which previously had belonged to the plaintiff. The assignment to the trustee for the benefit of creditors which the plaintiff had made a short time before, becomes immaterial in view of the findings of the court. This suit is founded on that part of the contract which relates to the real estate. In its essential features this part of the contract is like ordinary contracts for the sale of real estate, in containing mutual dependent covenants to…
2Cases cited1 opinion
- Stewart v. ThayerMassachusetts Supreme Judicial Court · 1897
3Cited by7 opinions
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Hawkes v. KehoeMassachusetts Supreme Judicial Court · 1907
- Charles River Park, Inc. v. Boston Redevelopment AuthorityMassachusetts Appeals Court · 1990
- Republic Floors of New England, Inc. v. Weston Racquet Club, Inc.Massachusetts Appeals Court · 1988
- Vander Realty Co. Inc. v. GabrielMassachusetts Supreme Judicial Court · 1956
2 more not listed; retrieve them via the Exa API.