Foster, Hall & Adams Co. v. Sayles
Massachusetts Supreme Judicial Court
Contract for money had and received amounting to $5,072.39 according to an account annexed. Writ dated February 13, 1907. In the Superior Court the case was .tried before McLaughlin, J., without a jury.
Read the full summary
Contract for money had and received amounting to $5,072.39 according to an account annexed. Writ dated February 13, 1907. In the Superior Court the case was .tried before McLaughlin, J., without a jury. It appeared that the money sought to be recovered was deposited by the plaintiff as a part payment on account of the purchase of certain lots of real estate which the defendant caused to be sold at auction on June 8, 1904, and that before the sale the auctioneer, after reading the conditions of the sale, stated in the presence of the defendant that “if the title [to the real estate] was not a…
1Opinion of the CourtLoring, J.
The only question presented in this case is whether the title offered by the defendant to the plaintiff was “a good title” which it was bound to accept.
The statement of what a good title consists in has been usually made in suits brought by a vendor to compel specific performance of a contract of sale. But the question is the same in an action at law founded on the fact that the title offered by the vendor was not a good one and an action is brought by the vendee to recover back a deposit which has to be returned if the title was not a good title. The requisites of a good title were well…
2Cases cited6 opinions
- Conley v. FinnMassachusetts Supreme Judicial Court · 1898
- First African Methodist Episcopal Society v. BrownMassachusetts Supreme Judicial Court · 1888
- Hayes v. Harmony Grove CemeteryMassachusetts Supreme Judicial Court · 1871
- Chesman v. CummingsMassachusetts Supreme Judicial Court · 1886
- Close v. MartinMassachusetts Supreme Judicial Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pinti v. Emigrant Mortgage Co., Inc.Massachusetts Supreme Judicial Court · 2015
- Morse v. StoberMassachusetts Supreme Judicial Court · 1919
- Federal National Mortgage Association v. MarroquinMassachusetts Supreme Judicial Court · 2017
- Cashman v. BeanMassachusetts Supreme Judicial Court · 1917
- Guleserian v. Pilgrim Trust Co.Massachusetts Supreme Judicial Court · 1954
7 more not listed; retrieve them via the Exa API.