Dooley v. McDonough
Massachusetts Supreme Judicial Court
Contract upon an agreement in writing for the purchase of real estate by the defendants. Writ in the Municipal Court of the City of Boston dated March 29, 1918. The evidence at the trial in the Municipal Court is described in the opinion. At the close of the evidence, the defendants asked for rulings which, with the action of the judge therein, were as follows: “1. On all the evidence, the plaintiff is not entitled to recover.” “Not given.”
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Contract upon an agreement in writing for the purchase of real estate by the defendants. Writ in the Municipal Court of the City of Boston dated March 29, 1918. The evidence at the trial in the Municipal Court is described in the opinion. At the close of the evidence, the defendants asked for rulings which, with the action of the judge therein, were as follows: “1. On all the evidence, the plaintiff is not entitled to recover.” “Not given.” “2. If the conduct of the defendants in signing the alleged agreement be construed as an offer to be conveyed to the plaintiff, such offer was subject to…
1Opinion of the CourtDe Courcy, J.
The defendants had been shown the plaintiff’s house by one Fernandez, a real estate broker, who had been authorized by the plaintiff to sell it for $4,000. On a subsequent Monday evening the broker called on the defendants and they made an offer of $3,700 for the property, and signed in duplicate a formal written agreement to purchase at that price. The papers were delivered to Fernandez, and he was to receive the initial payment of $100 on Tuesday evening if he could get the plaintiff to sign them.
Fernandez obtained the signature of the plaintiff to the agreements between nine and ten…
2Cases cited4 opinions
- Nickerson v. BridgesMassachusetts Supreme Judicial Court · 1914
- Codman v. DelandMassachusetts Supreme Judicial Court · 1918
- Brauer v. ShawMassachusetts Supreme Judicial Court · 1897
- Massachusetts Biographical Society v. RussellMassachusetts Supreme Judicial Court · 1918