Nickerson v. Weld
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court as amended on May 18, 1908, to enforce the specific performance of an alleged contract to sell to the plaintiff about forty acres of land in Dedham. The defendants demurred to the bill, and the demurrer was overruled. The defendants filed an answer, and the case was referred to William D. Turner, Esquire, as master. He filed a report stating findings in favor of the plaintiff.
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Bill in equity, filed in the Superior Court as amended on May 18, 1908, to enforce the specific performance of an alleged contract to sell to the plaintiff about forty acres of land in Dedham. The defendants demurred to the bill, and the demurrer was overruled. The defendants filed an answer, and the case was referred to William D. Turner, Esquire, as master. He filed a report stating findings in favor of the plaintiff. Upon a motion by the defendants the case was recommitted to the master for such additional findings as might be warranted by the evidence upon the two following questions: “1.…
1Opinion of the CourtSheldon, J.
Three questions are raised by the defendants’ appeal in this case: (1) Whether the parties completed any contract; (2) whether if so there was any memorandum in writing thereof signed by the party to be charged sufficient to bind him under the statute of frauds, E. L. c. 74, § 1, cl. 4; and (3) whether such contract afterwards was rescinded and abandoned by mutual consent.
I. The plaintiff and the defendant Stephen M. Weld, hereinafter called Weld, who then owned the land in question and other land in that neighborhood, made an agreement by which the plaintiff bought and Weld sold to him that…
2Cases cited19 opinions
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3Cited by34 opinions
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