Wiessner v. Ayer
Massachusetts Supreme Judicial Court
Contract fSr the breach of an alleged agreement between the plaintiff and the defendants, copartners under the firm name of M. S. Ayer and Company, by which the defendants were to lease of the plaintiff the basement and the first, fifth, and sixth floors of a building in Boston for a term of years. The answer set up the statute of frauds.
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Contract fSr the breach of an alleged agreement between the plaintiff and the defendants, copartners under the firm name of M. S. Ayer and Company, by which the defendants were to lease of the plaintiff the basement and the first, fifth, and sixth floors of a building in Boston for a term of years. The answer set up the statute of frauds. At the trial in the Superior Court, before Bishop, J., it appeared that M. S. Ayer, one of the defendants, applied to one Redding, a real estate agent in Boston, employed by the plaintiff, who resided in New York, to lease the premises, and presented to him…
1Opinion of the CourtBarker, J.
The action is for breach of an alleged agreement of the defendants to take a lease from the plaintiff of certain parts of a building for a term of five years. The verdict for defendants was ordered upon the ground that the evidence would not justify a finding that there was sufficient memorandum signed by the defendants, the statute of frauds having been pleaded.
It was conceded that there had been a written offer, and the plaintiff contended that this offer had been amended by the defendants by telephone.
The written offer was to take the premises for five years at a rent payable quarterly.…
2Cases cited3 opinions
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- King v. FaistMassachusetts Supreme Judicial Court · 1894
3Cited by5 opinions
- Rosenfield v. United States Trust Co.Massachusetts Supreme Judicial Court · 1935
- Lampasona v. CapriottiMassachusetts Supreme Judicial Court · 1936
- Freedman v. GordonMassachusetts Supreme Judicial Court · 1915
- Gorney's, Inc. v. Falvey Linoleum Co.Massachusetts Supreme Judicial Court · 1952
- Sennott v. Cobb's Pedigreed Chicks, Inc.Massachusetts District Court, Appellate Division · 1948