Hazard v. Irwin
Massachusetts Supreme Judicial Court
This was an action of covenant. The declaration recited, that by a certain contract under seal, dated the 16tb of March, 1833, and made by and between the plaintiff and one John Penman, the plaintiff sold and conveyed to Penman a certain steam engine with its appurtenances, at the rate of eight cents per pound for all the metal therein, and Penman covenanted to pay a portion of the purchase money, amounting to the sum of $ 500, on the 27th of the same month, and the residue…
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This was an action of covenant. The declaration recited, that by a certain contract under seal, dated the 16tb of March, 1833, and made by and between the plaintiff and one John Penman, the plaintiff sold and conveyed to Penman a certain steam engine with its appurtenances, at the rate of eight cents per pound for all the metal therein, and Penman covenanted to pay a portion of the purchase money, amounting to the sum of $ 500, on the 27th of the same month, and the residue in three, six and nine months from the date of the contract, and to give satisfactory security for the payment of such…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. Much of the argument on the part of the plaintiff, is founded, we think, on a misapprehension of the force and effect of the plea. The argument is, that whether the defendants, upon the facts shown, are to be deemed either sureties or .guarantors, in either character they are strangers to the contract of purchase and sale between the plaintiff and Penman, and cannot by their plea avoid that contract, or avail themselves of any fraud in it. This aigument would certainly be very strong, and if the state of the pleas would warrant it, would be…
2Cases cited3 opinions
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- Somes v. SkinnerMassachusetts Supreme Judicial Court · 1820
- Stevens v. JudsonNew York Supreme Court · 1830
3Cited by1 opinion
- Leary v. Miller (In Re Leary)United States Bankruptcy Court, D. Massachusetts · 1999