Smith v. Wedgwood
Supreme Judicial Court of Maine
ON REPORT. Debt on bond. Writ dated May 3, 1880. The opinion states the case and material facts. The defendant had his election to construct the drain or pay five hundred dollars.
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ON REPORT. Debt on bond. Writ dated May 3, 1880. The opinion states the case and material facts. The defendant had his election to construct the drain or pay five hundred dollars. Such a covenant the courts have no equitable ground for rescinding or disturbing, as will appear from the following citations : Gammon v. Howe, 14 Maine, 250; Gowen v. Gerrish, 15 Maine, 273 ; Dwinel v. Brown, 54 Maine, 468. (In Oaswell v. Johnson, 58 Maine, 164, a majority of the court, it is true, decide that the sum named in the bond is a penalty; but this case may be easily distinguishable from the one at bar,…
1Opinion of the CourtAppletoN, C. J.
This is an action of debt on a bond, to which is filed a brief statement alleging full performance.
On January 1, 1877, the defendant, by deed of warranty, conveyed the plaintiff a lot of land and the buildings thereon in Cornish village.
On the same day the defendant gave the plaintiff a bond in the sum of five hundred dollars, the condition of which is in these words — "that whereas said Wedgwood has, this day conveyed to said Smith a certain parcel of real estate situate in Cornish village, being the late homestead of said Wedgwood, reference being made to said deed for a particular…
2Cases cited4 opinions
- Bagley v. . PeddieNew York Court of Appeals · 1857
- Williams v. Dakin & BaconCourt for the Trial of Impeachments and Correction of Errors · 1839
- Henry v. DavisMassachusetts Supreme Judicial Court · 1877
- Pearson v. Williams' AdministratorsNew York Supreme Court · 1841
3Cited by2 opinions
- Dairy Farm Leasing Co., Inc. v. HartleySupreme Judicial Court of Maine · 1978
- Weinreich Estate Co. v. A. J. Johnston Co.California Court of Appeal · 1915