Brown v. Cowell
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to sell certain land for the plaintiff and return the proceeds to her. There was also a count for money had and received.
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Contract for breach of an agreement to sell certain land for the plaintiff and return the proceeds to her. There was also a count for money had and received. At the trial in the Superior Court, before Allen, J., the plaintiff testified that she conveyed the land in question to the defendant, she having a life estate therein, by a deed of quitclaim on February 14, 1871; and that no paper in writing in relation to said land was ever delivered to her, or to any person for her, by the defendant. She was also allowed to testify, against the defendant’s objection, that before and at the time of the…
1Opinion of the CourtEndicott, J.
The defendant received the conveyance of the land from the plaintiff without payment of the consideration, and for the purpose of selling it for her and those interested with her. He therefore took it in trust. This trust was proved by the bond which was afterwards drawn up by the defendant and deposited in the hands of Pollard, reciting the character and terms of the transaction. The trust having been executed by a sale and conveyance of the land, this action may be maintained for the money so received by the defendant. Jackson v. Stevens, 108 Mass. 94.
The evidence offered in chief by the…
2Cases cited1 opinion
- Jackson v. StevensMassachusetts Supreme Judicial Court · 1871
3Cited by21 opinions
- Markell v. Sidney B. Pfeifer Foundation, Inc.Massachusetts Appeals Court · 1980
- Ludington v. PattonWisconsin Supreme Court · 1901
- Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Ball v. HopkinsMassachusetts Supreme Judicial Court · 1929
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