Holdsworth v. Tucker
Massachusetts Supreme Judicial Court
Contract on a bond in the sum of $800, dated February 19, 1884, executed by the defendant, and conditioned for the conveyance by her to the plaintiff, upon tender by the plaintiff of a certain sum within one year from date, of a parcel of land in Fall River, described as bounded “ northerly, by other land of said Mary E. Tucker, sixty feet; easterly, by land of grantor, one hundred and five feet; southerly, by Field Street, sixty feet; and westerly, by land of Robert…
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Contract on a bond in the sum of $800, dated February 19, 1884, executed by the defendant, and conditioned for the conveyance by her to the plaintiff, upon tender by the plaintiff of a certain sum within one year from date, of a parcel of land in Fall River, described as bounded “ northerly, by other land of said Mary E. Tucker, sixty feet; easterly, by land of grantor, one hundred and five feet; southerly, by Field Street, sixty feet; and westerly, by land of Robert Holdsworth, one hundred and five feet.” Trial in the Superior Court before Hammond, J., who allowed a bill of exceptions, in…
1Opinion of the CourtField, J.
The waiver set up is not of a condition precedent, or of the time, place, or manner of the performance of a con-, tract; if it can be called a waiver at all, it is a waiver of the right to require a conveyance of all the land which the defendant by the bond was bound to convey. If the plaintiff had *374accepted the deed tendered, it would have been a question for the jury whether she thereby waived a claim for damages occasioned by the failure of the defendant to convey all of the land described in the bond, and the knowledge or ignorance of the plaintiff, when she accepted the deed, of the…
2Cases cited7 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Watson v. WatsonMassachusetts Supreme Judicial Court · 1880
- Rogers v. Rogers & BrotherMassachusetts Supreme Judicial Court · 1885
- Moulton v. McOwenMassachusetts Supreme Judicial Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Conroy v. ToomayMassachusetts Supreme Judicial Court · 1920
- Metropolitan Coal Co. v. Boutell Transportation & Towing Co.Massachusetts Supreme Judicial Court · 1904
- Fort Payne Coal & Iron Co. v. WebsterMassachusetts Supreme Judicial Court · 1895
- Title Guaranty & Surety Co. v. Fred T. Ley & Co.Massachusetts Supreme Judicial Court · 1921
7 more not listed; retrieve them via the Exa API.