Kenniston v. Blakie
Massachusetts Supreme Judicial Court
Contract to recover $500, money had and received by the defendant to the plaintiff’s use, and also $5, the price of a carriage robe sold by the plaintiff to the defendant.
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Contract to recover $500, money had and received by the defendant to the plaintiff’s use, and also $5, the price of a carriage robe sold by the plaintiff to the defendant. Writ dated March 5, 1875. Trial in the Superior Court, before Putnam, J., without a jury, who allowed a bill of exceptions in substance as follows: On October 9, 1874, the parties entered into a mutual paroi agreement, by which the defendant was to sell, and the plaintiff was to purchase, a dwelling-house belonging to the defendant, upon these terms: The plaintiff was to pay to the defendant the sum of $5500 for the house,…
1Opinion of the Court
By the Court.
Upon the facts of the case, as reported in the bill of exceptions, it being found that the plaintiff did not object to the form or the want of execution of the deed prepared by the defendant, and that the mortgage, to which the plaintiff objected, was in the form agreed on, the judge was warranted in finding that the plaintiff had waived all objections to the deed, and had unjustifiably refused to carry out the contract between the parties. It does not appear that any question of law was decided erroneously. Hxoeptions overruled.
2Cited by8 opinions
- Kellogg v. ShusherebaSupreme Court of Vermont · 2013
- State Ex Rel. Otto v. FieldNew Mexico Supreme Court · 1925
- William James Sons Co. v. HutchinsonWest Virginia Supreme Court · 1916
- Great United Realty Co. v. LewisCourt of Appeals of Maryland · 2001
- Hoskins v. DoughertyCourt of Appeals of Texas · 1902
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