Baker v. Hall
Massachusetts Supreme Judicial Court
Bill in equity, to enforce the specific performance of an agreement to purchase certain real estate. The answer alleged a tender of performance on the part of the defendant, and a failure on the part of the plaintiff to give a good title within the time specified, and also set up the statute of frauds. Trial in this court, before Knowlton, J., who reported the case 'for the determination of the full court, in substance as follows.
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Bill in equity, to enforce the specific performance of an agreement to purchase certain real estate. The answer alleged a tender of performance on the part of the defendant, and a failure on the part of the plaintiff to give a good title within the time specified, and also set up the statute of frauds. Trial in this court, before Knowlton, J., who reported the case 'for the determination of the full court, in substance as follows. The plaintiff put in evidence an agreement between him and the defendant, dated March 11, 1891, the material portions of which are as follows: “ The party of the…
1Opinion of the CourtBarker, J.
1. While the memorandum gives with precision the dimensions of the lot to be sold, and states that it was situated on Beacon Street, it does not sufficiently identify the land, unless by reference to the sketch.' Without that reference, as the lot to be sold is part of a much larger parcel, there is not enough to indicate from what part of the whole it is to be taken, but its position is made certain, and the lot completely identified by the sketch.
For the purpose of interpreting the document, we may put ourselves “ in the position of the parties, and ascertain by oral evidence their…
2Cases cited4 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Scanlan v. GeddesMassachusetts Supreme Judicial Court · 1873
- Linton v. AllenMassachusetts Supreme Judicial Court · 1891
- Wells v. DayMassachusetts Supreme Judicial Court · 1878
3Cited by7 opinions
- Record v. LittlefieldMassachusetts Supreme Judicial Court · 1914
- Sholovitz v. NoorigianSupreme Court of Rhode Island · 1919
- Eugene Dietzgen Co. v. KokoskySupreme Court of Louisiana · 1904
- Willett v. SmithMassachusetts Supreme Judicial Court · 1913
- Andre v. EllisonMassachusetts Supreme Judicial Court · 1949
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