Jones v. Newhall
Massachusetts Supreme Judicial Court
Bill in equity to enforce specific performance of the following agreement signed and sealed by the parties thereto : “ This indenture, made this fourth day of December, A. D. 1872, by and between Leonard S. Jones, of Cambridge in the Commonwealth of Massachusetts, and Benjamin B. Newhall, of Boston in said Commonwealth, witnesseth, “ That said Jones agrees to sell, and said Newhall to purchase, first, all the right, title, share and interest of the said Jones to And in any…
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Bill in equity to enforce specific performance of the following agreement signed and sealed by the parties thereto : “ This indenture, made this fourth day of December, A. D. 1872, by and between Leonard S. Jones, of Cambridge in the Commonwealth of Massachusetts, and Benjamin B. Newhall, of Boston in said Commonwealth, witnesseth, “ That said Jones agrees to sell, and said Newhall to purchase, first, all the right, title, share and interest of the said Jones to And in any and all property belonging to the Worthington Land Associates, together with one promissory note for ten thousand…
1Opinion of the CourtWells, J.
Jurisdiction in equity is conferred upon this court by the Gen. Sts. e. 113, § 2, to hear and determine “ suits for the specific performance of written contracts by and against either party to the contract, and his heirs, devisees, executors, administrators and assigns.” The power extends alike to written contracts of all descriptions ; but its exercise is restricted by the proviso, “ when the parties have not a plain, adequate and complete remedy at the common law.” This proviso has always been so construed and applied as to make it a test, in each particular tase, by which to determine…
2Cases cited8 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Parker v. Winnipiseogee Lake Cotton & Woollen Co.Supreme Court of the United States · 1863
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In re DoleHawaii Supreme Court · 1903
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
- Bank of America, N.A. v. RosaMassachusetts Supreme Judicial Court · 2013
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Olszewski v. SardynskiMassachusetts Supreme Judicial Court · 1944
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