Riley v. Farnsworth
Massachusetts Supreme Judicial Court
Contract by a vendee of real estate against the vendor to recover damages for non-performance of a contract of sale. The case was submitted to the Superior Court and on appeal to this court on an agreed statement of facts in substance as follows : The defendant, the assignee of a mortgage on an estate, No. 23 Bine Street, Boston, on December 31, 1870, sold the estate at auction, for an alleged breach of condition, to the plaintiff, by his agents, G. F. Hunting and C. D.…
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Contract by a vendee of real estate against the vendor to recover damages for non-performance of a contract of sale. The case was submitted to the Superior Court and on appeal to this court on an agreed statement of facts in substance as follows : The defendant, the assignee of a mortgage on an estate, No. 23 Bine Street, Boston, on December 31, 1870, sold the estate at auction, for an alleged breach of condition, to the plaintiff, by his agents, G. F. Hunting and C. D. Leavitt, auctioneers, as stated in the following agreements in writing: “ December 31,1870. We hereby acknowledge that…
1Opinion of the CourtGray, C. J.
This court has no jurisdiction on appeal from the the Superior Court under the Gen. Sts. c. 114, § 10, until after a final judgment disposing of the whole case in the court below. The judgment for the plaintiff in the present case is not final, because it leaves the question of damages open. Upon the hearing of that question, it may appear that the plaintiff in fact sustained no damages, or that they were so trifling in amount that the defendant may not choose to appeal from the final judgment for the plaintiff, or an appeal may be taken by either party upon matters of law involved in the…
2Cases cited2 opinions
- The PalmyraSupreme Court of the United States · 1825
- Commonwealth v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1872
3Cited by25 opinions
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Michelson v. ShermanMassachusetts Supreme Judicial Court · 1942
- Gendelman v. MongilloSupreme Court of Connecticut · 1921
- Rucker v. HarringtonMissouri Court of Appeals · 1893
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