Gardner v. Hazelton
Massachusetts Supreme Judicial Court
Contract for breach of the following agreement in writing, signed by the defendant: “ Boston, July 11, 1874. I have this day agreed to let, lease and give possession of Lurline Hall, 3 Winter Street, to G. H. Gardner, on September 1, 1874, on the payment by him to me of two hundred dollars cash, and a satisfactory note of four hundred and fifty dollars at ninety days’ sight.”
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Contract for breach of the following agreement in writing, signed by the defendant: “ Boston, July 11, 1874. I have this day agreed to let, lease and give possession of Lurline Hall, 3 Winter Street, to G. H. Gardner, on September 1, 1874, on the payment by him to me of two hundred dollars cash, and a satisfactory note of four hundred and fifty dollars at ninety days’ sight.” At the trial in the Superior Court, before jRockwell, J., the plaintiff proved the execution and delivery of the agreement declared on, and offered to show by paroi that the agreement referred to and intended by the…
1Opinion of the CourtColt, J.
The action is brought to recover damages for the defendant’s failure to perform his contract to convey to the plaintiff an interest in land. At the trial, the plaintiff produced a written memorandum signed by the defendant, and claimed the right to show by paroi that the agreement therein referred to. by the words “ have agreed to let, lease and give possession ” was an oral agreement of the defendant to assign to the plaintiff, as lessee, an unexpired term of a lease held by him. But the memorandum, required by the statute of frauds to maintain this action, must show in itself the subject…
2Cases cited1 opinion
- Murray v. CherringtonMassachusetts Supreme Judicial Court · 1868
3Cited by9 opinions
- Michelson v. ShermanMassachusetts Supreme Judicial Court · 1942
- Hill v. HunterCourt of Appeals of Texas · 1913
- Carlisle v. WeiscopfMassachusetts Supreme Judicial Court · 1921
- Farris v. HershfieldMassachusetts Supreme Judicial Court · 1950
- Beauchamp v. RunnelsCourt of Appeals of Texas · 1904
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