Ellis v. Burnham

This is a bill in equity for specific performance of a written contract of the defendant to give the plaintiff a new note. The action was submitted by the parties upon a case stated. The judge, by ordering the entry of a decree dismissing the bill, in effect ruled that the plaintiff had not stated a case for equitable relief. The plaintiff seeks by his bill of exceptions to have this ruling reversed.

The material part of the note containing the contract relied upon is in the following terms:

“Haverhill, Massachusetts October 11th 1924

$1787.75

For value received I promise to pay to the order of…