Rosenberg v. Drooker
Massachusetts Supreme Judicial Court
Contract upon an oral agreement described in the opinion. Writ dated January 3, 1917. In the Superior Court the case was tried before Callahan, J. The material facts and the course of the trial are described in the opinion. There was a verdict for the plaintiff in the sum of $449.32. The defendants alleged exceptions.
1Opinion of the CourtCarroll, J.
The plaintiff, the owner of a certain parcel of real estate in Boston, had contracted to convey to one Wallace a one half interest in the same. The defendants were the holders of a second mortgage on the premises, which they were about to foreclose. There was evidence of an oral contract between the plaintiff and defendants that, if the plaintiff would discharge the agreement to sell to Wallace and not “appear when the foreclosure is going to take place,” and “not bid in the property, and I [one of the defendants] will sell the property to Wallace,” the defendants would pay the plaintiff…
2Cases cited3 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Chace v. GardnerMassachusetts Supreme Judicial Court · 1917
- Zwicker v. GardnerMassachusetts Supreme Judicial Court · 1912
3Cited by4 opinions
- Montuori v. BailenMassachusetts Supreme Judicial Court · 1935
- Witherington v. EldredgeMassachusetts Supreme Judicial Court · 1928
- Denvir v. North Avenue Savings BankMassachusetts Supreme Judicial Court · 1935
- Reum v. BrazeauMassachusetts Appeals Court · 1973