Somers v. Wright
Massachusetts Supreme Judicial Court
Contract to recover damages for breach of the following agreement signed and sealed by the plaintiff and the defendant: “ This agreement, dated the ninth day of December, 1869, by and between William Somers and Robert Wright, both of Boston, in the Comity of Suffolk and Commonwealth of Massachusetts, witnesseth, that whereas said Wright has this day conveyed to said Somers, by deed of warranty, a certain lot of land on Windsor Street, in said Boston, subject to a mortgage to…
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Contract to recover damages for breach of the following agreement signed and sealed by the plaintiff and the defendant: “ This agreement, dated the ninth day of December, 1869, by and between William Somers and Robert Wright, both of Boston, in the Comity of Suffolk and Commonwealth of Massachusetts, witnesseth, that whereas said Wright has this day conveyed to said Somers, by deed of warranty, a certain lot of land on Windsor Street, in said Boston, subject to a mortgage to secure the sum of five thousand dollars, which mortgage was, according to previous agreement, to have been discharged…
1Opinion of the CourtColt, J.
By the terms of the purchase the plaintiff had the right to pay in lumber “ at current retail prices ” for the estate which the defendant conveyed to him. ' There was no time named for the delivery of the lumber, and the consideration for the deed was due when the conveyance was made. The property was subject to a mortgage for $5000, wnich the defendant agreed to discharge before the first of April following, giving the plaintiff the right to withhold lumber to the amount of the incumbrance until it was removed, and the plaintiff at the same time giving to one *298Farwell a due bill of the firm…
2Cited by5 opinions
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