Longley v. Cotting
Massachusetts Supreme Judicial Court
This was an action of debt, in which the plaintiffs declared upon an indenture made between the parties on the 23d of February, 1829. The declaration also contained counts for money paid, money had and received, and for goods sold and delivered, and work and labor performed.
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This was an action of debt, in which the plaintiffs declared upon an indenture made between the parties on the 23d of February, 1829. The declaration also contained counts for money paid, money had and received, and for goods sold and delivered, and work and labor performed. By the indenture the plaintiffs assign to the defendant and his assigns, all their interest in a parcel of land leased to them by David Sears for the term of one hundred years from February 17th, 1829, together with the lease, and warrant the same against all persons claiming under either of the plaintiffs. They covenant…
1Per curiam
e Court cannot see any fair ground to sustain the action. The covenant of the defendant is, that he will advance the sum of $ 1000, to enable the plaintiffs to erect a house on their own land, that is, land of which they took a long lease from Sears. One instalment was paid, and the second was to be paid when certain parts of the work should be done, and the third when the house should be finished, which was to be on or before the 1st of June. The plaintiffs contend that the time is not essential, but we think it is made so by the *338terms of the indenture.1 There is no evidence of a parol…
2Cases cited3 opinions
- Decamp v. FeaySupreme Court of Pennsylvania · 1819
- Young v. WhiteSupreme Court of Pennsylvania · 1836
- Bellas v. HaysSupreme Court of Pennsylvania · 1819