Phippen v. Stickney
Massachusetts Supreme Judicial Court
This was an action of debt to recover $ 100 for breach of the following agreement : “ Know all men by these presents, that I Richard Stickney, in consideration that Hardy Phippen will permit me to purchase a certain piece of land, to be sold this day, bounded on said Phippen and myself, do hereby agree to purchase the said lot of land, and by this instrument do hereby agree to sell and convey to said Phippen the said piece of land on such terms as we, the said Phippen and…
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This was an action of debt to recover $ 100 for breach of the following agreement : “ Know all men by these presents, that I Richard Stickney, in consideration that Hardy Phippen will permit me to purchase a certain piece of land, to be sold this day, bounded on said Phippen and myself, do hereby agree to purchase the said lot of land, and by this instrument do hereby agree to sell and convey to said Phippen the said piece of land on such terms as we, the said Phippen and Stickney, shall hereafter agree upon, or on such terms as the witnesses to this instrument shall decide to be just and…
1Opinion of the CourtDewey, J.
The principal question in the present case *386is, whether the contract entered into by these parties is invalid in law, as contravening established principles of public policy, and injurious, in its tendency and effect, to the interests of those who may be concerned in sales at auction.
This subject, in another form, came before the court of King’s Bench in the case of Bexwell v. Christie, Cowp. 395, on which occasion Lord Mansfield expressed his opinion strongly against all secret arrangements calculated to mislead and de- - ceive purchasers, or vendors, and requiring the strict observance of…
2Cases cited6 opinions
- Doolin v. WardNew York Supreme Court · 1810
- Thompson v. DaviesNew York Supreme Court · 1816
- Wilbur v. HowNew York Supreme Court · 1811
- Smull v. JonesSupreme Court of Pennsylvania · 1841
- Piatt v. OliverU.S. Circuit Court for the District of Ohio · 1837
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