Kyle v. Kavanagh
Massachusetts Supreme Judicial Court
Contract to recover the price of land sold and conveyed to the defendant. At the trial in the superior court, before Brigham, C. J., it appeared that the plaintiff signed and gave to the defendant the following agreement in writing: “ Boston, July 2, 1868. I hereby agree to sell to E. Kavanagh four lots of land in Waltham on Prospect Street, so called, for 50 shares of Mitchell Granite stock, 9000 shares of Revenue Gold stock, also $150 in lawful money for said land.
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Contract to recover the price of land sold and conveyed to the defendant. At the trial in the superior court, before Brigham, C. J., it appeared that the plaintiff signed and gave to the defendant the following agreement in writing: “ Boston, July 2, 1868. I hereby agree to sell to E. Kavanagh four lots of land in Waltham on Prospect Street, so called, for 50 shares of Mitchell Granite stock, 9000 shares of Revenue Gold stock, also $150 in lawful money for said land. Said Kyle is to give said Kavanagh a good title, if the title is in said Kyle, so he can give deed; if said Kyle cannot give a…
1Opinion of the CourtMorton, J.
This is an action of contract to recover the agreed price of land which the plaintiff alleged he had sold and conveyed to the defendant. It appeared at the trial, that the legal title to the land in question was in Charles E. Jackson, the plaintiff being the equitable owner thereof. The plaintiff introduced testimony tending to show that the defendant agreed to purchase said land and to take a conveyance from Jackson, if upon examination the title should be found good in Jackson • that the agent of the defendant examined the title, found it good, and thereupon Jackson executed a quitclaim…
2Cases cited4 opinions
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- Spurr v. BenedictMassachusetts Supreme Judicial Court · 1868
- Gazley v. PriceNew York Supreme Court · 1819
- Potter v. TuttleSupreme Court of Connecticut · 1852
3Cited by36 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Covich v. ChambersMassachusetts Appeals Court · 1979
- Virginian Export Coal Co. v. Rowland Land Co.West Virginia Supreme Court · 1926
- ITT Corp. v. LTX Corp.Court of Appeals for the First Circuit · 1991
- Dzuris v. PierceMassachusetts Supreme Judicial Court · 1913
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