Shaw v. Carbrey
Massachusetts Supreme Judicial Court
Contract brought to recover back one hundred dollars, money had and received. At the trial in the superior court, before Putnam, J., without a jury, it appeared that on the 22d of April 1864 William Minot, Jr., being the owner of certain real estate situated in West Roxbury, of which three wooden buildings standing thereon were a part, and desiring to have them removed, verbally authorized one McLaughlin, as his agent, to sell said buildings, the same to be taken down and…
Read the full summary
Contract brought to recover back one hundred dollars, money had and received. At the trial in the superior court, before Putnam, J., without a jury, it appeared that on the 22d of April 1864 William Minot, Jr., being the owner of certain real estate situated in West Roxbury, of which three wooden buildings standing thereon were a part, and desiring to have them removed, verbally authorized one McLaughlin, as his agent, to sell said buildings, the same to be taken down and removed before the 1st of May 1864, and not to be put up again in West Roxbury. The said McLaughlin, on the same day, gave…
1Opinion of the CourtGray, J.
McLaughlin was authorized by Minot, the owner of the land, to sell the buildings, to be removed before the 1st of May, and not put up again in the same town ; and sold them to the defendant on the 22d of April, and informed Minot of the transaction, who received the price, without objecting to the want of like express conditions in that sale. The buildings being sold without the land, and with the manifest intention of all parties to sever them from the land, passed to the defendant, with a right to remove them as personal property within a reasonable time, and to sell them to whom he…
2Cases cited1 opinion
- Bostwick v. LeachSupreme Court of Connecticut · 1809
3Cited by4 opinions
- Cowell v. Phoenix InsuranceSupreme Court of North Carolina · 1900
- Wetkopsky v. New Haven Gas Light Co.Supreme Court of Connecticut · 1914
- Butler v. United Chevrolet, Inc. (In re United Chevrolet, Inc.)District Court, D. Massachusetts · 1982
- Schwab v. SchmalIndiana Court of Appeals · 1932