Bacon v. Parker
Massachusetts Supreme Judicial Court
Contract, in six counts. The first two counts were for a refusal to accept a lease of certain premises. The third, fourth, and fifth counts were for the cost of additions to and alterations in the premises; and the sixth count was for use and occupation of the same. The answer contained a general denial, and, among other defences, set up the statute of frauds.
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Contract, in six counts. The first two counts were for a refusal to accept a lease of certain premises. The third, fourth, and fifth counts were for the cost of additions to and alterations in the premises; and the sixth count was for use and occupation of the same. The answer contained a general denial, and, among other defences, set up the statute of frauds. Trial in the Superior Court before Bacon, J., who ruled that the plaintiff could not recover upon any count of the declaration; ordered a verdict for the defendants; and reported the case for the determination of this court. The facts…
1Opinion of the CourtHolmes, J.
The plaintiff owned a warehouse on Pearl Street in Boston, which was burned by the great fire. He was proceeding to rebuild on the same site, when he was approached by the defendants,' and, after some negotiations, it was orally agreed that he should buy an adjoining parcel at sixteen dollars a foot, should value his own land at fifteen dollars a foot, and erect a warehouse on both parcels substantially according to certain plans; and that the defendants should hire the same for five years at eleven and a half per cent upon the cost of the building and land at the above valuation. In the…
2Cases cited4 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- Dowling v. McKenneyMassachusetts Supreme Judicial Court · 1878
- Parker v. TainterMassachusetts Supreme Judicial Court · 1877
3Cited by22 opinions
- Milmore v. LandauMassachusetts Supreme Judicial Court · 1940
- Pratt v. American Bell Telephone Co.Massachusetts Supreme Judicial Court · 1886
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
- Donovan v. P. Schoenhofen Brewing Co.Missouri Court of Appeals · 1902
- Kneil v. EglestonMassachusetts Supreme Judicial Court · 1885
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