Drew v. Wiswall
Massachusetts Supreme Judicial Court
Contract for breach of an alleged agreement of the defendants to construct certain streets upon land in Woburn adjacent to certain lots purchased by the plaintiff from the defendants. Writ dated July 1, 1898. The answer contained a general denial and also set up the statute of frauds.
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Contract for breach of an alleged agreement of the defendants to construct certain streets upon land in Woburn adjacent to certain lots purchased by the plaintiff from the defendants. Writ dated July 1, 1898. The answer contained a general denial and also set up the statute of frauds. At the trial in the Superior Court Richardson, J., on motion of the defendants, ruled that upon all the evidence the plaintiff was not entitled to recover, and ordered a verdict for the defendants. The plaintiff alleged exceptions.
1Opinion of the CourtBraley, J.
The exceptions do not disclose the reasons, if any, that were given by the defendants at the trial to support their request for the ruling made; but at the argument they relied on two propositions only, which we consider in the order presented.
Under the declaration as finally amended, the plaintiff, in order to recover damages, must prove the purchase of, and pay*555ment for, the land, as well as the agreement by the defendants to construct the streets, and that while he had built a house on the estate conveyed, the defendants had failed to perform their contract. An examination of the evidence…
2Cases cited8 opinions
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
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3Cited by24 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Downey v. HoodMassachusetts Supreme Judicial Court · 1909
- McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
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