Croak v. Owens
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to accept a deed of a house and lot purchased by the defendant at a sale by auction, and to pay the price at which it was struck off to him by the auctioneer.
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Contract for breach of an agreement to accept a deed of a house and lot purchased by the defendant at a sale by auction, and to pay the price at which it was struck off to him by the auctioneer. Writ dated May 3, 1875. At the trial in the Superior Court, before Putnam, J., the plaintiff put in evidence a memorandum in writing of the sale to the defendant on April 20, 1875, for $5450; and of a tender of a deed of the premises on April 30, 1875. The defendant refused to accept the deed, on the ground that there had been by-bidding at the auction, and this question was submitted to the jmy- On…
1Opinion of the Court
By the Court.
The evidence was competent, and its weight was to be determined by the jury. Brigham v. Evans, 113 Mass. 538. Exceptions overruled.
2Cases cited1 opinion
- Brigham v. EvansMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
- Brady v. FinnMassachusetts Supreme Judicial Court · 1894
- Baker v. SeaveyMassachusetts Supreme Judicial Court · 1895
- White v. PeaseUtah Supreme Court · 1897
- Warner v. WilkeyMassachusetts Appeals Court · 1974
- Henry J. Perkins Co. v. American Express Co.Massachusetts Supreme Judicial Court · 1908
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