Legal Opinion

Pieczarka v. Pieczarka

Massachusetts Supreme Judicial Court

Decided November 5, 1951PublishedCited by 4 opinions

1Opinion of the CourtCounihan, J.

This is a suit in equity whereby the plaintiff seeks specific performance of an oral contract by which the defendant agreed to convey to him a certain parcel of land in Southwick. The plaintiff and the defendant are brothers. After a hearing the judge entered a decree for specific performance and granted injunctive relief. The defendant appealed. The judge made findings of facts and the evidence is reported.

No citations are necessary to support the well established rule that, upon appeal, this court is bound by the findings of the judge unless satisfied that they are plainly wrong.

In passing…

2Cases cited3 opinions

  1. Livingstone v. MurphyMassachusetts Supreme Judicial Court · 1905
  2. Epdee Corp. v. RichmondMassachusetts Supreme Judicial Court · 1947
  3. Watkins v. BriggsMassachusetts Supreme Judicial Court · 1943

3Cited by4 opinions

  1. Situation Management Systems, Inc. v. Malouf, Inc.Massachusetts Supreme Judicial Court · 2000
  2. Rozene v. SveridMassachusetts Appeals Court · 1976
  3. Whiting v. CommonwealthMassachusetts Supreme Judicial Court · 1976
  4. Egan v. Herb Chambers I-93, Inc.Massachusetts District Court, Appellate Division · 2007

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