Spurr v. Benedict
Massachusetts Supreme Judicial Court
Bill in equity for an injunction on the defendant against prosecuting an action at law on a promissory note of the plaintiff, and for general relief in the matter of a purchase of land by the plaintiff of the defendant. The case was referred to a master, who found the facts hereafter stated ; and was reserved on his report, by Gray, J., for the determination of the full court.
Read the full summary
Bill in equity for an injunction on the defendant against prosecuting an action at law on a promissory note of the plaintiff, and for general relief in the matter of a purchase of land by the plaintiff of the defendant. The case was referred to a master, who found the facts hereafter stated ; and was reserved on his report, by Gray, J., for the determination of the full court. In the autumn of 1864 the defendant entered into a negotiation to buy from Sarah Wheelock a lot of forty-five acres of woodland, situated near the boundary line between Sheffield and Great Barrington; employed Lyman M.…
1Opinion of the CourtFoster, J.
There can be no doubt of the full equity jurisdiction of this court to set aside a conveyance of land, on the ground of mistake, where the vendor has undertaken to sell something which he did not own, and the estate embraced in the deed, although owned by him, is not that which the vendee intended to buy and supposed that he was obtaining by the conveyance. In such a case the equity for a rescission of the transaction does not depend upon any intentional fraud on the part of the grantor; and it is by no means limited to cases in which an action for deceit would lie at common law. Mistake is a…
2Cases cited1 opinion
- Smith v. PalmerMassachusetts Supreme Judicial Court · 1850
3Cited by30 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Covich v. ChambersMassachusetts Appeals Court · 1979
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Dzuris v. PierceMassachusetts Supreme Judicial Court · 1913
25 more not listed; retrieve them via the Exa API.