Legal Opinion

Barbell v. Britton

Massachusetts Supreme Judicial Court

Decided March 2, 1923PublishedCited by 21 opinions

Bill in equity, filed in the Superior Court on May 27, 1922, seeking to have the plaintiff’s right under an agreement for the purchase of premises 1049 Beacon Street in Brookline established and the defendant enjoined from interfering with the plaintiff’s possession of the premises. The suit was heard by Sanderson, J., upon an agreed statement of facts. Material facts are described in the opinion.

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Bill in equity, filed in the Superior Court on May 27, 1922, seeking to have the plaintiff’s right under an agreement for the purchase of premises 1049 Beacon Street in Brookline established and the defendant enjoined from interfering with the plaintiff’s possession of the premises. The suit was heard by Sanderson, J., upon an agreed statement of facts. Material facts are described in the opinion. The “ original receipt,” referred to in the next to the last paragraph of the letter of the defendant’s agent to the plaintiff’s attorney dated September 21, 1921, set out in the opinion, was as…

1Opinion of the CourtPierce, J.

This is an appeal from a final decree of the Superior Court, whereby “it is ordered, adjudged and decreed that the defendant Olive H. Britton, her attorneys, agents and servants be and they hereby are restrained and enjoined from interfering with the plaintiff’s possession of the house numbered 1049 Beacon Street in Brookline in said county, with the land on which it stands, and from bringing any proceedings to interfere with such, possession or to recover compensation therefor so long as the plaintiff makes the payments at the times specified and complies with the other terms of the…

2Cases cited5 opinions

  1. Gould v. NewmanMassachusetts Supreme Judicial Court · 1810
  2. Lyon v. CunninghamMassachusetts Supreme Judicial Court · 1884
  3. Kiernan v. LinnehanMassachusetts Supreme Judicial Court · 1890
  4. Washburn v. WhiteMassachusetts Supreme Judicial Court · 1908
  5. Fitch v. WindramMassachusetts Supreme Judicial Court · 1903

3Cited by21 opinions

  1. Laurin v. DeCarolis Construction Co., Inc.Massachusetts Supreme Judicial Court · 1977
  2. Nuquist v. BauscherIdaho Supreme Court · 1951
  3. Knight v. HaleySuperior Court of Delaware · 1934
  4. Barrell v. BrittonMassachusetts Supreme Judicial Court · 1925
  5. Piff v. BerresheimIllinois Supreme Court · 1950

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