Keefe v. Fairfield
Massachusetts Supreme Judicial Court
Contract, with a count for money had and received and another count for an alleged breach of an agreement in writing. Writ in the Police Court of Springfield dated December 7, 1901. On appeal to the Superior Court the case was tried before Wait, J., without a jury. The judge refused to make the rulings requested by the plaintiff, and found for the defendant. The plaintiff alleged exceptions, raising the questions stated by the court.
1Opinion of the CourtKnowltok, C. J.
This is an action brought to recover money paid by the plaintiff to the defendant under a contract in writing for the purchase of certain building lots from the defendant. The payments were to be made in monthly instalments of $10 each, and the writing contains this language: “ Provided, however, that if said party of the second part, his heirs, executors, administrators or assigns, shall fail to pay any of the instalments of said principal sum for the period of thirty days, this agreement shall become null and void and of no effect, at the election of said party of the first part, and said…
2Cases cited2 opinions
- Guerin v. StacyMassachusetts Supreme Judicial Court · 1900
- Garst v. HarrisMassachusetts Supreme Judicial Court · 1900
3Cited by19 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Texas Co. v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1922
- Cobb v. Library BureauMassachusetts Supreme Judicial Court · 1929
- King v. MillikenMassachusetts Supreme Judicial Court · 1924
- Kahn v. JanowskiCourt of Appeals of Maryland · 1948
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