Lowe v. Harwood
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to sell and exchange certain real and personal property. Writ dated December 12, 1883. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The plaintiff put in evidence an agreement, dated November 8, 1883, and signed by the parties, as follows: “ This agreement certifies that W. W. Lowe agrees to sell to H. Y. Harwood estate No. 159 Arlington Street, Chelsea, and $500 cash, subject…
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Contract for breach of an agreement to sell and exchange certain real and personal property. Writ dated December 12, 1883. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The plaintiff put in evidence an agreement, dated November 8, 1883, and signed by the parties, as follows: “ This agreement certifies that W. W. Lowe agrees to sell to H. Y. Harwood estate No. 159 Arlington Street, Chelsea, and $500 cash, subject to $1200 mortgage, and take in payment therefor two farms in Middleborough of eleven and sixty-seven acres, with all the…
1Opinion of the CourtHolmes, J.
The defendant’s conveyance of his land and chattels to a third person, when the plaintiff was in no default, was sufficient to constitute an actionable breach of contract, although the plaintiff had made no tender. Newcomb v. Brackett, 16 Mass. 161. Buttrick v. Holden, 8 Cush. 233. See also Farrington v. Hodgdon, 119 Mass. 453, 458. It is suggested that it does not appear that the plaintiff was able to pay the money which he was to pay. But he was personally bound for it, and the degree of his ability at any moment before he was called on to pay was no concern of the defendant’s. The way for…
2Cases cited9 opinions
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Ballou v. BillingsMassachusetts Supreme Judicial Court · 1884
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Carpenter v. HolcombMassachusetts Supreme Judicial Court · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Leigh v. RuleMassachusetts Supreme Judicial Court · 1954
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Clarno v. GraysonOregon Supreme Court · 1896
- Mansfield v. WilesMassachusetts Supreme Judicial Court · 1915
- Hawkes v. KehoeMassachusetts Supreme Judicial Court · 1907
33 more not listed; retrieve them via the Exa API.