Peabody v. Fellows
Massachusetts Supreme Judicial Court
Appeal from a decree of the Superior Court sustaining the defendant’s demurrer to the declaration. Writ dated May 22, 1899. The amended declaration was as follows : “ First count.
Read the full summary
Appeal from a decree of the Superior Court sustaining the defendant’s demurrer to the declaration. Writ dated May 22, 1899. The amended declaration was as follows : “ First count. Now comes the plaintiff and says that the defendant in consideration that the plaintiff should convey to him a certain parcel of land with the buildings thereon in Middleton in said county, agre.ed to execute and sign a certain instrument, a copy of which is hereto annexed marked ‘ A ’; that said plaintiff in pursuance of said agreement, conveyed said real estate to said defendant, but that said defendant, wholly…
1Opinion of the CourtKnowlton, J.
We are of opinion that the first and second counts of the declaration, when taken in connection with the copy of the unsigned paper annexed, set out agreements of the defendant which must be deemed to have been oral. The second count, after reciting the terms of the agreement, avers that the “ defendant further agreed to give a writing to said effect.” The first count avers that the defendant “ agreed to execute and sign a certain instrument, a copy of which is hereto annexed,” as a consideration for the land sold, and afterwards refused to sign or execute it. This construction of these…
2Cases cited8 opinions
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- Williams v. BemisMassachusetts Supreme Judicial Court · 1871
- White v. WielandMassachusetts Supreme Judicial Court · 1872
- Twomey v. CrowleyMassachusetts Supreme Judicial Court · 1884
- Parker v. TainterMassachusetts Supreme Judicial Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Logan v. BrownSupreme Court of Oklahoma · 1908
- Dixon v. LamsonMassachusetts Supreme Judicial Court · 1922
- Cromwell v. NortonMassachusetts Supreme Judicial Court · 1906
- Donovan v. WalshMassachusetts Supreme Judicial Court · 1921
- Kemp v. KempMassachusetts Supreme Judicial Court · 1924
4 more not listed; retrieve them via the Exa API.