Thompson v. Kelly
Massachusetts Supreme Judicial Court
The fiest case was contract, by auctioneers in Boston, alleging that the defendant bought of them a parcel of real estate, and made an agreement with them, in writing, to pay them two hundred dollars down to bind the bargain, but, though often requested, neglected and refused to pay the same, and owed them that sum, with interest.
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The fiest case was contract, by auctioneers in Boston, alleging that the defendant bought of them a parcel of real estate, and made an agreement with them, in writing, to pay them two hundred dollars down to bind the bargain, but, though often requested, neglected and refused to pay the same, and owed them that sum, with interest. A copy of this agreement, annexed to the declaration, was as follows, the first paragraph of it, as printed below, being a slip cut from a newspaper, with an erasure between the words “ gas ” and “ cold ” : “ Brick Dwelling-house on Dwight Street. On Friday, October…
1Opinion of the CourtWells, J.
The report does not state what questions were intended to be presented to this court. The defendant was clearly entitled to go to the jury upon the testimony. But he makes no point, in the argument here, that he was wrongly deprived of that right. We assume, therefore, that the verdict was ordered for the plaintiffs with his assent; and that he did not desire to argue to the jury upon the force of the testimony.
We cannot undertake to decide questions of fact. We can only take the testimony as reported, giving it full effect so far as uncontradicted, and, in all points of disagreement,…
2Cited by13 opinions
- Donahue v. ParkmanMassachusetts Supreme Judicial Court · 1894
- Gibson Land Auction Co. v. BrittainSupreme Court of North Carolina · 1921
- Giolitto v. DingoloMassachusetts Supreme Judicial Court · 1925
- Rix v. DooleyMassachusetts Supreme Judicial Court · 1948
- Camp v. BarberSupreme Court of Vermont · 1913
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