Wells v. Calnan
Massachusetts Supreme Judicial Court
Contract on a written agreement, dated December 22,1868, by which the plaintiff agreed to sell and the defendant to buy “the farm now occupied by” the plaintiff “and his father,” (describing it by metes and bounds,) for $3250, which the defendant agreed to pay on April 10, 1869, and it was provided that “ no wood should be cut and removed from the premises save firewood for use in the house,” that the plaintiff on receiving payment should execute and deliver to the defendant…
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Contract on a written agreement, dated December 22,1868, by which the plaintiff agreed to sell and the defendant to buy “the farm now occupied by” the plaintiff “and his father,” (describing it by metes and bounds,) for $3250, which the defendant agreed to pay on April 10, 1869, and it was provided that “ no wood should be cut and removed from the premises save firewood for use in the house,” that the plaintiff on receiving payment should execute and deliver to the defendant a proper deed for the conveying and assuring to him of “ the fee simple of the said premises,” and that for the due…
1Opinion of the CourtGba.x, J.
The principles of law, upon which the rights of the parties to this case depend, appear to have been overlooked at the trial.
When property, real or personal, is destroyed by fire, the loss faffs upon the party who is the owner at the time; and if the owner of a house and land agrees to sell and convey it upon the *516payment of a certain price which the purchaser agrees to pay, and before full payment the house is destroyed by accidental fire, so that the vendor cannot perform the agreément on his part, he cannot recover or retain any part of the purchase money.
For these reasons, in Thompson v.…
2Cited by70 opinions
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Brownell v. Board of Education of Inside Tax District of City of Saratoga SpringsNew York Court of Appeals · 1925
- J. S. Potts Drug Co. v. BenedictCalifornia Supreme Court · 1909
- Roberts v. Lynn Ice Co.Massachusetts Supreme Judicial Court · 1905
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