Muhlig v. Fiske
Massachusetts Supreme Judicial Court
Contract to recover the sum of $375. Writ dated June 30, 1879. The plaintiff in his declaration alleged that he executed and delivered to the defendant, and the defendant accepted, a deed, a copy of which was annexed to the declaration, and that the defendant therein agreed with the plaintiff to pay, assume and save him harmless from a certain mortgage of $1500 and the interest to accrue thereon; that such interest from August 14, 1878, to February 14, 1879, amounting to the…
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Contract to recover the sum of $375. Writ dated June 30, 1879. The plaintiff in his declaration alleged that he executed and delivered to the defendant, and the defendant accepted, a deed, a copy of which was annexed to the declaration, and that the defendant therein agreed with the plaintiff to pay, assume and save him harmless from a certain mortgage of $1500 and the interest to accrue thereon; that such interest from August 14, 1878, to February 14, 1879, amounting to the sum of $375, had become due and had not been paid, and that the defendant had not paid the same nor saved the plaintiff…
1Opinion of the CourtGray, C. J.
To constitute a legal delivery of a deed, there must be an acceptance thereof on the part of the grantee. If the deed of conveyance from the plaintiff to the defendant was delivered by the grantor and accepted by the grantee, the latter thereby assumed the duty of performing according to its terms the promise therein expressed to be made by him. By the terms of that promise, he “ assumes and agrees to pay,” as well as to “ save the grantor harmless from,” the mortgage of $1500. The agreement to assume and pay the mortgage includes the interest as well as the principal. Shanahan v. Perry, 130…
2Cases cited7 opinions
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Hood v. AdamsMassachusetts Supreme Judicial Court · 1878
- Coolidge v. SmithMassachusetts Supreme Judicial Court · 1880
- Barbaroux v. WatersCourt of Appeals of Kentucky · 1860
- Shanahan v. PerryMassachusetts Supreme Judicial Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Nutter v. MroczkaMassachusetts Supreme Judicial Court · 1939
- Beeson v. GreenSupreme Court of Iowa · 1897
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
- Pilok v. BednarskiMassachusetts Supreme Judicial Court · 1918
7 more not listed; retrieve them via the Exa API.