Durkin v. Cobleigh
Massachusetts Supreme Judicial Court
The first CASE was an actipn of contract, to recover damages for failure of the defendant to perform an oral agreement to grade and build a street, and cause the city water to be put therein. Trial in the Superior Court, before Barker, J., who directed a verdict for the defendant, and the plaintiff alleged exceptions.
1Opinion of the CourtAllen, J.
This is an action of contract. The plaintiff had taken from the defendant a deed of land described as bounded on a street, and referring to a plan on which the street was shown. This street was upon land owned by the defendant. The deed contained no covenant that the defendant would build the street, or cause water to be introduced therein. The plaintiff’s case rests upon the proposition that, in order to induce him *109to buy the lot, the defendant orally promised to grade and build the street so as to connect with a certain public street already built and open, and also to cause the city water…
2Cases cited19 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
- Graffam v. PierceMassachusetts Supreme Judicial Court · 1887
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3Cited by63 opinions
- Mitchill v. LathNew York Court of Appeals · 1928
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Brennan v. Carvel Corp.Court of Appeals for the First Circuit · 1991
58 more not listed; retrieve them via the Exa API.