Doherty v. Dolan
Supreme Judicial Court of Maine
On exceptions from the superior conrt. Case for damages in not conveying real estate according to a memorandum in writing. The plaintiff had paid $1000 on tho receipt of the memorandura, August 14, 1874, agreeing to pay the balance, making $10,250 in all, when a proper deed should be made out.
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On exceptions from the superior conrt. Case for damages in not conveying real estate according to a memorandum in writing. The plaintiff had paid $1000 on tho receipt of the memorandura, August 14, 1874, agreeing to pay the balance, making $10,250 in all, when a proper deed should be made out. There was evidence tending to show that the property was incumbered, and the defendant thereby unable to give a clear title thereto, that the plaintiff offered to pay the defendant the purchase money due by the terms of the memorandum before the suit was brought, and that the property was worth $10,000.…
1Opinion of the CourtPeters, J.
The defendant contends that the election as to the time when a deed was to be made out, was with him. If that is so, he has $1000 of the money of the plaintiff prepaid to him, which he can keep as long as he pleases, and never make the deed. The implication from the argument is, that a deed is to be delivered within some time, and that must be a reasonable time. ' In this ruling the court was right.
In another respect, however, we think an error was committed at the trial. The judge should have ruled, that the plaintiff could recover as damages what the land was worth at the time the defendant…
2Cases cited6 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Baldwin v. MunnNew York Supreme Court · 1829
- Peters v. McKeonNew York Supreme Court · 1847
- Conger v. . WeaverNew York Court of Appeals · 1859
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3Cited by11 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Forbes v. Wells Beach Casino, Inc.Supreme Judicial Court of Maine · 1979
- Puterbaugh v. PuterbaughIndiana Court of Appeals · 1893
- Makusevich v. GottaSupreme Court of Connecticut · 1928
- Beck v. StaatsNebraska Supreme Court · 1908
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