Rackemann v. Riverbank Improvement Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed September 24, 1895, to rescind .the purchase of a lot of land, to recover the money paid therefor and the amount of the taxes for 1895, to cancel a note given in part payment of the land, and to obtain a discharge from the covenants of a mortgage given to secure the note.
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Bill in equity, filed September 24, 1895, to rescind .the purchase of a lot of land, to recover the money paid therefor and the amount of the taxes for 1895, to cancel a note given in part payment of the land, and to obtain a discharge from the covenants of a mortgage given to secure the note. The defendant demurred to the bill, assigning as grounds therefor : 1. want of equity; 2. that the remedy, if any, was at law ; 3. that it did not appear that the plaintiffs had sustained any injury that would entitle them to have the contract rescinded. Hearing before Holmes, J., who overruled the…
1Opinion of the CourtAllen, J.
This case comes up on demurrer. According to the averments of the bill, an agent employed by the defendant to offer the defendant’s land for sale, in order to induce the plaintiffs to buy a lot at S3.50 a foot, offered in behalf of the defendant that, if they would do so, the defendant would not sell any of its land shown on a plan at less than that price. The plaintiffs accepted the offer, and agreed to buy a lot on *3the terms offered, and afterwards took a deed thereof from the defendant. The agent’s offer was not in writing, nor did the defendant give him any authority to make it, and at…
2Cases cited8 opinions
- Krumm v. . BeachNew York Court of Appeals · 1884
- Neblett v. MacFarlandSupreme Court of the United States · 1876
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Knappen v. FreemanSupreme Court of Minnesota · 1891
- Winsor v. MillsMassachusetts Supreme Judicial Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Bates v. SouthgateMassachusetts Supreme Judicial Court · 1941
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Tremont Trust Co. v. NoyesMassachusetts Supreme Judicial Court · 1923
32 more not listed; retrieve them via the Exa API.