Galvin v. Collins
Massachusetts Supreme Judicial Court
Contract to recover back $200, paid on account of the pur chase money, which was $4050, of a parcel of real estate, sold by auction to the plaintiff.
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Contract to recover back $200, paid on account of the pur chase money, which was $4050, of a parcel of real estate, sold by auction to the plaintiff. At the trial in the Superior Court, before Gardner, J., it appeared that the plaintiff signed the written conditions of the sale, the material parts of which were as follows : “ $2000 to be paid in cash on delivery of deed; balance of the purchase money may remain on mortgage, power of sale, with interest at eight per cent per annum, payable semiannually; or all cash may be paid, if desired. Conveyance to be made on or before Oct. 10, 1874, by…
1Opinion of the CourtMorton, J.
The plaintiff can maintain this action only by showing a readiness on his part, and a refusal or inability on the part of the defendant, to perform the- contract.
It appeared at the trial that, before the day when the deed was to be delivered, the plaintiff refused to perform the contract on his part. Regarding the evidence in the view most favorable to the plaintiff, he put his refusal upon two grounds. The first was that there was a misdescription of the lot of land in the deed from Jonathan Hunnewell to Thomas Cains, dated June 25, 1817, which formed part of the defendant’s claim of title.…
2Cases cited2 opinions
- Carpenter v. HolcombMassachusetts Supreme Judicial Court · 1870
- Curtis v. AspinwallMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Carrig v. Gilbert-Varker Corp.Massachusetts Supreme Judicial Court · 1943
- Mansfield v. HodgdonMassachusetts Supreme Judicial Court · 1888
- Foternick v. WatsonMassachusetts Supreme Judicial Court · 1903
- Fullam v. FosterSupreme Court of Vermont · 1896
- Thompson v. ElaSupreme Court of New Hampshire · 1881
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