White v. Dahlquist Manufacturing Co.
Massachusetts Supreme Judicial Court
Two BILLS IN equity, one, to compel the defendant Edward B. Dahlquist to convey to the plaintiff certain lots of land numbered 15, 17 and 19 on Bolton Street in that part of Boston c%lled South Boston belonging to the said defendant and conveyed to him by an unrecorded deed of the defendant the Dahlquist Manufacturing Company, and to compel the defendant, Mary E. Dahlquist, wife of said Edward, to execute a release of dower in the said land, and the other, to compel Mary E.…
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Two BILLS IN equity, one, to compel the defendant Edward B. Dahlquist to convey to the plaintiff certain lots of land numbered 15, 17 and 19 on Bolton Street in that part of Boston c%lled South Boston belonging to the said defendant and conveyed to him by an unrecorded deed of the defendant the Dahlquist Manufacturing Company, and to compel the defendant, Mary E. Dahlquist, wife of said Edward, to execute a release of dower in the said land, and the other, to compel Mary E. Dahlquist to convey to the plaintiff a certain lot numbered 40 on Third Street in said part of Boston belonging to the…
1Opinion of the CourtHammond, J.
The defendants contend that each memorandum is insufficient under the statute of frauds because as they allege it does not name or describe the owner of the land sold and some other material parts of the contract.
It is not always necessary that the memorandum should name or describe the owner. Where, as in a case like this, it is signed by a person who is in fact an agent and acting as such, the existence and identity of the principal may be proved by paroi, and he may sue or be sued upon the contract. Williams v. Bacon, 2 Gray, 387. Lerned v. Johns, 9 Allen, 419. Gowen v. Klous, 101 Mass.…
2Cases cited3 opinions
- Gowen v. KlousMassachusetts Supreme Judicial Court · 1869
- Hayes v. JacksonMassachusetts Supreme Judicial Court · 1893
- Sanborn v. ChamberlinMassachusetts Supreme Judicial Court · 1869
3Cited by31 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- Shayeb v. HollandMassachusetts Supreme Judicial Court · 1947
- Commercial Credit Corp. v. Stan Cross Buick, Inc.Massachusetts Supreme Judicial Court · 1962
- Tobin v. LarkinMassachusetts Supreme Judicial Court · 1903
- Tzitzon Realty Co. Inc. v. MustonenMassachusetts Supreme Judicial Court · 1967
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