Tobin v. Larkin
Massachusetts Supreme Judicial Court
Bill in equity, filed July 7, 1902, to enforce the specific performance of a contract to convey certain real estate in Lawrence.
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Bill in equity, filed July 7, 1902, to enforce the specific performance of a contract to convey certain real estate in Lawrence. In the Superior Court the case was heard by Sherman, J. He declined to rule as requested by the defendants, and entered an order for a final decree that Bridget Larkin and Maria Larkin convey their interests in the property to the plaintiff upon payment to them of the sum, of $1,535.49, being eleven twelfths of the price named in the memorandum, after deducting the sum of $25 already paid, and found that there was not sufficient evidence to justify a decree against…
1Opinion of the CourtKnowlton, C. J.
This is a bill in equity to obtain specific performance of a contract for. the sale of certain real estate. The property belonged tó the three defendants as tenants in common, the two sisters Bridget Larkin and Maria Larkin together owning eleven twelfths and their brother Martin owning one twelfth of it. Bridget and Maria placed the property in the hands of one Otto, a real estate agent, for sale, and he sold it to the plaintiff and made a written memorandum of the contract, as follows : “ Lawrence, Mass., May 12, 1902. Received of Patrick Tobin twenty-five dollars as part payment of house…
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