Murray v. Mayo
Massachusetts Supreme Judicial Court
Contract, for breach of the following agreement: “ $250. Springfield, Mass., May 7, 1888. Received of Mrs. J. R. Murray $250 on account of purchase of house and lot 343 Worthington Street, at $6,000. She is to have deed of the property when $1,000 is paid; $5,000 to remain on mortgage, at five per cent interest; $250 to be paid every three months until $1,000 is paid. Amaziah Mayo, by A. N. Mayo.”
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Contract, for breach of the following agreement: “ $250. Springfield, Mass., May 7, 1888. Received of Mrs. J. R. Murray $250 on account of purchase of house and lot 343 Worthington Street, at $6,000. She is to have deed of the property when $1,000 is paid; $5,000 to remain on mortgage, at five per cent interest; $250 to be paid every three months until $1,000 is paid. Amaziah Mayo, by A. N. Mayo.” At the trial in the Superior Court, before Hopkins, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
1. There was evidence that the defendant ratified the making of the contract of sale in his name. It *250appeared, among other things, that he was informed of it soon afterwards, and received, without objection, the payment of two hundred and fifty dollars, which .was made to his agent on account of the property at the time of the sale. Again, on September 6, 1888, he received a second instalment of two hundred and fifty dollars of the purchase money, and gave his receipt acknowledging that it was in part payment for this house. On many other occasions he recognized the contract, and the judge…
2Cases cited3 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Linton v. AllenMassachusetts Supreme Judicial Court · 1891
3Cited by7 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Danforth v. ChandlerMassachusetts Supreme Judicial Court · 1921
- Lajoie v. MillikenMassachusetts Supreme Judicial Court · 1922
- Hosher-Platt Co. v. MillerMassachusetts Supreme Judicial Court · 1921
- Ryder v. LoomisMassachusetts Supreme Judicial Court · 1894
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