Smith v. Greene
Massachusetts Supreme Judicial Court
Contract for a sum of money alleged to bave been a payment made to an agent by one who agreed to purchase land from the plaintiff and who, after making the payment, refused to carry out his contract.
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Contract for a sum of money alleged to bave been a payment made to an agent by one who agreed to purchase land from the plaintiff and who, after making the payment, refused to carry out his contract. The agent was the defendant and the person who made the payment was made a party defendant as a claimant under R. L. c. 173, § 37. Writ in the Superior Court for the county of Bristol dated April 21, 1906. There was a trial before Dana, J., who refused to direct a verdict for the claimant, and the claimant excepted. The facts are stated in the opinion.
1Opinion of the CourtMorton, J.
The claimant McMahon, whom we shall speak of as the defendant, entered into an agreement with the plaintiff to buy, and the plaintiff agreed to sell, certain real estate belonging to the plaintiff situated in Fall River. The sale was made through a broker and a memorandum of the agreement was reduced to writing and signed by him. The memorandum recited that the broker had received from McMahon $500 on account of and in part payment of the real estate sold and that the balance was to be paid on delivery of the deed. Before the time came for the delivery of the deed, the defendant refused to…
2Cases cited4 opinions
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Carpenter v. HolcombMassachusetts Supreme Judicial Court · 1870
- Curtis v. AspinwallMassachusetts Supreme Judicial Court · 1873
- Wells v. DayMassachusetts Supreme Judicial Court · 1878
3Cited by29 opinions
- Shayeb v. HollandMassachusetts Supreme Judicial Court · 1947
- Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
- Beach & Clarridge Co. v. American Steam Gauge & Valve Manufacturing Co.Massachusetts Supreme Judicial Court · 1909
- Schilling v. LevinMassachusetts Supreme Judicial Court · 1951
- Beck v. DooreMassachusetts Supreme Judicial Court · 1946
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