Smith v. Townsend
Massachusetts Supreme Judicial Court
Bill in equity hy Lebbeus W. Smith and William H. Wallace, alleging that the defendant agreed to sell and Smith to buy a lot of land in Boston, numbered 74 on the plans of the Tremont Improvement Company; that the defendant thereupon signed the following agreement: “ Whereas Horace Patridge has, by an agreement with True W. Townsend, agreed to convey to said Townsend certain lots of land located on Hammond Park, in the city of Boston, and whereas there is one lot separate…
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Bill in equity hy Lebbeus W. Smith and William H. Wallace, alleging that the defendant agreed to sell and Smith to buy a lot of land in Boston, numbered 74 on the plans of the Tremont Improvement Company; that the defendant thereupon signed the following agreement: “ Whereas Horace Patridge has, by an agreement with True W. Townsend, agreed to convey to said Townsend certain lots of land located on Hammond Park, in the city of Boston, and whereas there is one lot separate from the other lots, numbered 74 on the plans of the Tremont Improvement Company, containing 2412 square feet; now, for…
1Opinion of the CourtColt, J.
Upon this appeal there is nothing before the court except the question whether the final decree is supported by the pleadings in the case. It is a simple appeal, without any report of the evidence or any facts found. It may be true that the evidence produced at the hearing fully sustained the decree, and yet it is open to the defendant to claim that upon the allegations in the bill the plaintiffs, as matter of law, are not entitled to the relief awarded.
On looking at the record we find that the bill contains in substance the charge that the plaintiff Smith, while employed as agent to sell the…
2Cases cited1 opinion
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
3Cited by23 opinions
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- Halsey v. MorteiroSupreme Court of Virginia · 1896
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Spritz v. Brockton Savings BankMassachusetts Supreme Judicial Court · 1940
- Veasey v. CarsonMassachusetts Supreme Judicial Court · 1900
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