Legal Opinion

Hurlburt v. Fitzpatrick

Massachusetts Supreme Judicial Court

Decided June 5, 1900PublishedCited by 6 opinions

Contract, to recover $500 “ received from .Morris Bravman and Mark Lewis to the use of the plaintiff.” Trial in the Superior Court, without a jury, before Hardy, J., who refused to give certain rulings requested by the defendants Bravman and Lewis, and they alleged exceptions. The' facts appear in the opinion and in a note by the reporter.

1Opinion of the CourtMorton, J.

The plaintiff entered into a written agreement dated December 7, 1898, with one Mark Lewis, acting for himself, and one Morris Bravman, to sell and convey to said Lewis certain land therein named on certain terms therein set forth. The deed was to be delivered January 7, 1899. The $500 which is the subject of this suit was deposited by said Lewis and Bravman in the hands of the defendant Fitzpatrick as part of the purchase price, and was to be paid over by him to the plaintiff at the expiration of thirty days. Lewis and Bravman were unable to carry out this agreement, and on January 11, 1899,…

2Cases cited1 opinion

  1. Williams v. GoochCourt of Appeals of Kentucky · 1861

3Cited by6 opinions

  1. Siegel v. KnottMassachusetts Supreme Judicial Court · 1944
  2. Berube v. MontgomerySupreme Court of Rhode Island · 1983
  3. Freedman v. GordonMassachusetts Supreme Judicial Court · 1915
  4. Stamey v. HempleCourt of Appeals for the Ninth Circuit · 1910
  5. Wesley v. MarsmanMassachusetts Supreme Judicial Court · 1984

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