Harvey v. Bross
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 18,1912, to enforce the specific performance of a contract alleged to have been made on February 27, 1912, to sell and convey to the plaintiff a certain farm in the town of Agawam.
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Bill in equity, filed in the Superior Court on March 18,1912, to enforce the specific performance of a contract alleged to have been made on February 27, 1912, to sell and convey to the plaintiff a certain farm in the town of Agawam. In the Superior Court the case was tried before Morton, J. At the close of the evidence the plaintiff asked the judge to make the following rulings, besides two others which were made by the judge: "1. Upon the law and the facts there must be a decree of specific performance.” “3. Any evidence of conversation tending-to show'an attempt to close some sort of…
1Opinion of the CourtBraley, J.
The final decree dismissing the bill having been irregularly entered while the plaintiff’s exceptions were pending, it can have no greater force than an order for a decree. Prescott v. Prescott, 175 Mass. 64, 68. Boston & Maine Railroad v. Hunt, 210 Mass. 128, 132. And the only question before this court for revision is, whether the decision of the presiding judge as matter of law was warranted by the evidence. Kennedy v. Welch, 196 Mass. 592.
The bill asks for the specific performance of a contract to sell and convey to the plaintiff a farm of about one hundred and fifty acres owned by the…
2Cases cited7 opinions
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Nickerson v. WeldMassachusetts Supreme Judicial Court · 1910
- Carpenter v. Pocasset Manufacturing Co.Massachusetts Supreme Judicial Court · 1901
- Sarkisian v. TeeleMassachusetts Supreme Judicial Court · 1909
- Borden v. FineMassachusetts Supreme Judicial Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hunt v. BassettMassachusetts Supreme Judicial Court · 1929
- Karen Construction Co. v. LizotteMassachusetts Supreme Judicial Court · 1985
- Forman v. GadouasMassachusetts Supreme Judicial Court · 1924
- Bartlett v. Roosevelt, Inc.Massachusetts Supreme Judicial Court · 1927
- Strumskis v. TilenasMassachusetts Supreme Judicial Court · 1929
2 more not listed; retrieve them via the Exa API.