Desmarais v. Taft
Massachusetts Supreme Judicial Court
Contract for alleged breach by the defendant of an agreement to convey land to the plaintiff. Writ dated July 26,1901. In the Superior Court the case was heard by King, J., without a jury, upon an agreed statement of facts. The facts are stated in the opinion. There was a finding and a judgment for the defendant; and the plaintiff appealed. The case was submitted on briefs at a sitting of the court in October, 1911, and afterwards was submitted on briefs to all the justices.
1Opinion of the CourtRugg, C. J.
The question here presented is as to the sufficiency under the statute of frauds of the description of real estate in the following memorandum:
“ $100.00 Northbridge, Mass., Aug. 7, 1900.
“ Received one hundred dollars from E. Desmarais in part payment for a piece of land next to Pelequin, seventy feet on the road and back to an old wall.
“ Elenor Taft.”
The facts in connection with the memorandum were that the land was part of a large tract owned by the defendant, located on the northerly side of School Street and generally known as the Elenor Taft land, and not separated by any distinguishing…
2Cases cited7 opinions
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- White v. Dahlquist Manufacturing Co.Massachusetts Supreme Judicial Court · 1901
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3Cited by8 opinions
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