Clark v. Olejnik
Massachusetts Supreme Judicial Court
Contract against Katherine and John Olejnik for alleged breach of an agreement by the defendants to purchase certain land of the plaintiff for $12,300. Writ dated November 18, 1920. The defendants’ answer contained, besides a general denial, an allegation that “neither the agreement on which such action is brought, nor any note or memorandum thereof is in writing and signed by them or either of them, or by any person thereunto by them or either of them lawfully authorized.”
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Contract against Katherine and John Olejnik for alleged breach of an agreement by the defendants to purchase certain land of the plaintiff for $12,300. Writ dated November 18, 1920. The defendants’ answer contained, besides a general denial, an allegation that “neither the agreement on which such action is brought, nor any note or memorandum thereof is in writing and signed by them or either of them, or by any person thereunto by them or either of them lawfully authorized.” In the Superior Court the action was tried before Fessenden, J. At the close of the plaintiff’s evidence the defendants…
1Opinion of the CourtCarroll, J.
This case is before us on a report by a judge of the Superior Court. A verdict was directed for the defendant Katherine Olejnik without objection by the plaintiff, and at the close of all the evidence a verdict was directed for the defendant John Olejnik and the case reported upon these conditions, that if the ruling of the judge was right judgment was to be entered for the defendant John Olejnik, otherwise judgment was to be entered for the plaintiff in the sum of $1,000.
The action is in contract and the answer sets up the statute *217of frauds. The plaintiff over his printed signature…
2Cases cited8 opinions
- Nickerson v. WeldMassachusetts Supreme Judicial Court · 1910
- Lee v. ButlerMassachusetts Supreme Judicial Court · 1897
- White v. Dahlquist Manufacturing Co.Massachusetts Supreme Judicial Court · 1901
- Smith v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1829
- Kennell v. BoyerSupreme Court of Iowa · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Blackstone Realty LLC v. Federal Deposit InsuranceCourt of Appeals for the First Circuit · 2001
- Tzitzon Realty Co. Inc. v. MustonenMassachusetts Supreme Judicial Court · 1967
- Colt v. FradkinMassachusetts Supreme Judicial Court · 1972
- In Re Edward Rolfe, DebtorsCourt of Appeals for the First Circuit · 1983
- Frost v. KendallMassachusetts Supreme Judicial Court · 1947
7 more not listed; retrieve them via the Exa API.