Rice v. Sanders
Massachusetts Supreme Judicial Court
Contract, for breach of an agreement to pay two mortgages subsisting upon an estate conveyed by the plaintiff to the defendant. The defendant filed a declaration in set-off, for breach of an agreement to pay a mortgage subsisting upon another estate mortgaged by the plaintiff to the defendant. Writ dated June 4, 1889. The case was submitted to the Superior Court, on agreed facts, in substance as follows.
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Contract, for breach of an agreement to pay two mortgages subsisting upon an estate conveyed by the plaintiff to the defendant. The defendant filed a declaration in set-off, for breach of an agreement to pay a mortgage subsisting upon another estate mortgaged by the plaintiff to the defendant. Writ dated June 4, 1889. The case was submitted to the Superior Court, on agreed facts, in substance as follows. On May 10, 1888, the plaintiff conveyed a parcel of land in Rowe to the defendant, by a deed, which was accepted by him, excepting from the covenant in the deed against incumbrances two…
1Opinion of the CourtKnovlton, J.
By accepting his deed from the plaintiff, the defendant assumed and agreed to pay two mortgages, of which one was then overdue, and the other was payable by instalments to become due in the future. It was a single but divisible contract, containing a promise, first, to pay one mortgage immediately, and, secondly, -to pay the other when it should become due. In proceedings to recover damages for a breach of the contract, each part of it should be considered separately. It is agreed that there has been no breach as to the second mortgage, and damages can be recovered in this action only for,…
2Cases cited14 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Murray v. . MarshallNew York Court of Appeals · 1884
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Stout v. FolgerSupreme Court of Iowa · 1871
- In re NegusNew York Supreme Court · 1832
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Leshefsky v. American EmPloyers' InsuranceMassachusetts Supreme Judicial Court · 1936
- Nutter v. MroczkaMassachusetts Supreme Judicial Court · 1939
- Phillips v. VorenbergMassachusetts Supreme Judicial Court · 1927
- North End Savings Bank v. SnowMassachusetts Supreme Judicial Court · 1908
- Codman v. DelandMassachusetts Supreme Judicial Court · 1918
23 more not listed; retrieve them via the Exa API.