Legal Opinion

Dudley v. Bachelder

Supreme Judicial Court of Maine

Decided July 1, 1866PublishedCited by 11 opinions

Bill in Equity. The facts appear in the opinion. The bill presents the different parcels as somewhat different in principle, but it is believed they are all substantially the same in fact and without the pale of equity. 1. Tavern stand. — This part of the case presents facts exactly similar to those in Fisher v. Shaw, 42 Maine, 82. The arrangement between the parties was one for the purchase and sale of real estate by parol and is therefore void. 2. As to Lots JSTo. 8 & 42,…

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Bill in Equity. The facts appear in the opinion. The bill presents the different parcels as somewhat different in principle, but it is believed they are all substantially the same in fact and without the pale of equity. 1. Tavern stand. — This part of the case presents facts exactly similar to those in Fisher v. Shaw, 42 Maine, 82. The arrangement between the parties was one for the purchase and sale of real estate by parol and is therefore void. 2. As to Lots JSTo. 8 & 42, the facts are substantially the same in both. The bill presents plaintiff as paying part of the consideration at various…

1Opinion of the Court

Appleton, C. J.,

The complainant in his bill sets forth that, being desirous of purchasing the tavern stand in Milford and not having means sufficient for that purpose, he applied in 1848 to Samuel Pratt, since deceased, (two of the defendants being his children and heirs at law and the other the administrator upon his estate,) to aid him in making said purchase ; that, at his request, said Pratt agreed to advance him the money requisite for the first payment toward said stand, and his notes for the balance, as a loan, and take a deed of the land, and the complainant agreed to repay said money…

2Cases cited3 opinions

  1. Steere v. SteereNew York Court of Chancery · 1820
  2. Pinnock v. CloughSupreme Court of Vermont · 1844
  3. Getman v. GetmanNew York Court of Chancery · 1846

3Cited by11 opinions

  1. Wheeler v. DunnSupreme Court of Colorado · 1889
  2. Culp v. PriceSupreme Court of Iowa · 1899
  3. Eisenberg v. GoldsmithMontana Supreme Court · 1911
  4. Croup v. DeMossWashington Supreme Court · 1914
  5. Cetenich v. FuvichSupreme Court of Rhode Island · 1918

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