Legal Opinion

Noyes v. Noyes

Massachusetts Supreme Judicial Court

Decided May 17, 1916PublishedCited by 60 opinions

Contract for the breach of an alleged agreement in writing which is printed below. Writ dated July 2, 1914. The contract declared upon was as follows: “December 4, 1895. “This is to certify that I, James Noyes, do promise to give to my son Elbridge Noyes my homestead place, all of my adjoining meadow, my Knight Pasture, Highfield Pasture, all of my stock consisting of cows, horses, hogs, and all of my farming implements, carts, wagons so forth in consideration that he remain…

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Contract for the breach of an alleged agreement in writing which is printed below. Writ dated July 2, 1914. The contract declared upon was as follows: “December 4, 1895. “This is to certify that I, James Noyes, do promise to give to my son Elbridge Noyes my homestead place, all of my adjoining meadow, my Knight Pasture, Highfield Pasture, all of my stock consisting of cows, horses, hogs, and all of my farming implements, carts, wagons so forth in consideration that he remain on the farm and manage the same for me in my old age if he should leave at any time this agreement shall be valid and…

1Opinion of the CourtRijgg, C. J.

This is an action to recover damages for the breach of a contract in writing between the plaintiff and his father, dated December 4, 1895, whereby the latter promised to give to the plaintiff certain property “in consideration that he remain on the farm and manage the same for me in my old age.” The issues raised at the trial were the genuineness of the alleged signature of the father to the contract, rescission and the measure of damages. The father was a farmer in Newbury who died testate in January, 1913, survived by five sons and two daughters, and grandchildren.

1. A neighbor named…

2Cases cited19 opinions

  1. Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
  2. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  3. Foye v. PatchMassachusetts Supreme Judicial Court · 1882
  4. Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
  5. Day v. MillsMassachusetts Supreme Judicial Court · 1913

14 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
  2. Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
  3. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
  4. Commonwealth v. SandlerMassachusetts Supreme Judicial Court · 1975
  5. Long v. GeorgeMassachusetts Supreme Judicial Court · 1937

55 more not listed; retrieve them via the Exa API.

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