Currier v. Howard
Massachusetts Supreme Judicial Court
Action of contract, praying for relief in equity, to enforce the specific performance of a contract. Writ dated December 14th 1854. Trial in Essex at April term 1859, before Bigelow, J., who reported the following case for the consideration of the full court.
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Action of contract, praying for relief in equity, to enforce the specific performance of a contract. Writ dated December 14th 1854. Trial in Essex at April term 1859, before Bigelow, J., who reported the following case for the consideration of the full court. John H. Currier and Eli B. Howard, being seised in fee of two adjoining lots of land in Lawrence, agreed to own them in common; and said Howard and the defendant his wife signed this agreement in writing, which was produced by the plaintiff at the trial: “ This certifies that J. H. Currier and Eli B. Howard have agreed to put the fronts…
1Opinion of the Court
This case was decided in June 1860.
Bigelow, J.
This suit having been commenced while the St. of 1853, c. 371, § 1, was in force, and before the enactment of St. 1855, c. 194, was properly brought in the form of an action at law, praying for relief in equity, and may well be maintained to enforce the specific performance of a contract. Darling v. Roarty, 5 Gray, 71.
The defendant was bound by a written contract to make conveyance of the premises by a “ division deed.” Such a contract might be assigned for a sufficient consideration. Ensign v Kellogg, 4 Pick. 1. And no assignment in writing is…
2Cases cited3 opinions
- Ford v. StuartNew York Supreme Court · 1822
- Partridge v. GordonMassachusetts Supreme Judicial Court · 1819
- Dawson v. ColesNew York Supreme Court · 1819
3Cited by1 opinion
- Insurance Co. of North America v. MartinIndiana Supreme Court · 1894