Tucker v. Bass
Massachusetts Supreme Judicial Court
In an action, which was pending in the county of Norfolk, and was tried upon the issue of non assumpsit before Sedgwick, J., at the last term in that county, a verdict was found for the plaintiff, subject to the opinion of the Court on a point reserved, which is hereafter stated. The cause stood continued nisi, and at this term, the opinion of the Court was delivered as follows by
1Opinion of the CourtParsons, C. J.
This action is a special assumpsit, against the defendant, for not fulfilling his undertaking made in behalf of the Bluehill Turnpike Corporation.
It appears from the plaintiff’s evidence, as reported, that an agreement had been made between him and the defendant, who acted on behalf of the corporation, that the plaintiff Was to let the corporation have his land for the turnpike, paying at the rate of one hundred dollars per acre, making a wall and railing, [ * 165 ] and complying with * some other specified terms. A memorandum of this agreement was produced, signed by the defendant; also…
2Cases cited1 opinion
- Mann v. ChandlerMassachusetts Supreme Judicial Court · 1812
3Cited by4 opinions
- Mann v. ChandlerMassachusetts Supreme Judicial Court · 1812
- Underhill v. GibsonSuperior Court of New Hampshire · 1821
- Andrews v. EstesSupreme Judicial Court of Maine · 1834
- Stinchfield v. LittleSupreme Judicial Court of Maine · 1821