Day v. Lacasse
Supreme Judicial Court of Maine
In equity. This was a bill for specific performance, heard in the court below on bill, answers and proofs. A decree sustaining the bill was ordered by the court and the defendants appealed. The case appears in the opinion. Deed, mortgage and note sufficient memorandum under statute of frauds. Browne, Stat. Frauds, § § 346, 348, 382; Beckwith v. Talbot, 95 XT.
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In equity. This was a bill for specific performance, heard in the court below on bill, answers and proofs. A decree sustaining the bill was ordered by the court and the defendants appealed. The case appears in the opinion. Deed, mortgage and note sufficient memorandum under statute of frauds. Browne, Stat. Frauds, § § 346, 348, 382; Beckwith v. Talbot, 95 XT. S. 289 ; Williams v. Robinson, 73 Maine, 186; Lerned v. Wannemacher, 9 Allen, 412; Fessen. den v. Mussey, 11 Cush. p. 127; Salmon Falls Manf’g do. v. Goddard, 14 How. 446 ; Hurley v. Brown, 98 Mass. 545 ; Mead v. Parker, 115 Mass. 415;…
1Opinion of the CourtFostek, J.
Bill in equity in which the complainant seeks, for the specific performance of an alleged contract for the sale-of real estate.
The defendants in their respective answers demur to the bill' and invoke the statute of frauds. They raise, therefore, issues, both of fact and law.
The defendant Lacasse made a trade with Daniel Holland to> purchase of him a lot of land and to pay therefor the sum of $2500,— $200 of which were to be paid in cash, and balance in notes secured by mortgage upon the land. Pursuant to this agreement an attorney was called in by Holland to make the-papers. This being done,…
2Cases cited1 opinion
- Wier v. BatdorfNebraska Supreme Court · 1888
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- Fitzgerald v. AllenIllinois Supreme Court · 1909
- Carr v. Mazon Estate, Inc.New Mexico Supreme Court · 1919
- Lowther v. PotterCourt of Appeals for the Sixth Circuit · 1915
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