Sherburne v. Fuller
Massachusetts Supreme Judicial Court
The declaration in this action was “ in a plea of the case for that whereas at said Boston, on the fifth day of May now last past, one Royal Makepeace had contracted and agreed with the plaintiff to convey to him, or any other person whom he should direct and appoint, certain lots of land in Cambridgeport, so called, in Cambridge, in our county of Middlesex, of the value of 5,371 dollars 67 cents, there afterwards on the twenty-fourth day of July last past, it was agreed by…
Read the full summary
The declaration in this action was “ in a plea of the case for that whereas at said Boston, on the fifth day of May now last past, one Royal Makepeace had contracted and agreed with the plaintiff to convey to him, or any other person whom he should direct and appoint, certain lots of land in Cambridgeport, so called, in Cambridge, in our county of Middlesex, of the value of 5,371 dollars 67 cents, there afterwards on the twenty-fourth day of July last past, it was agreed by and between the said Fuller and the plaintiff in the manner following, viz. that the said Makepeace should, by the…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
It is objected to the verdict, that it is found tor the plaintiff on the breach of a contract touching the sale of lands, and so is within the statute of frauds, and that the contract declared on was proved only by paroi evidence.
It is answered by the plaintiff, that when a contract within the statute is lawfully rescinded, either party may demand of the other the repayment of money advanced, or the return of any thing delivered under the contract, and may support such demand by paroi evidence.
This position is generally true; and in this…
2Cases cited2 opinions
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
3Cited by6 opinions
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- Williams v. BemisMassachusetts Supreme Judicial Court · 1871
- Boyd v. StoneMassachusetts Supreme Judicial Court · 1814
- Lane v. ShackfordSuperior Court of New Hampshire · 1830
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
1 more not listed; retrieve them via the Exa API.