Hurley v. Brown
Massachusetts Supreme Judicial Court
Bill in equity for a decree to enforce specific performance of an agreement of the defendant and her husband, contained in-the following memorandum signed by them, to convey to the plaintiffs, as her separate real estate, a house and lot of land on Amity street in Lynn, described in the bill by metes and bounds: “ Lynn, April 14, 1866. $50. Received of John and Michael Hurley the sum of fifty dollars in part payment of a house and lot of land situated on Amity Street, Lynn,…
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Bill in equity for a decree to enforce specific performance of an agreement of the defendant and her husband, contained in-the following memorandum signed by them, to convey to the plaintiffs, as her separate real estate, a house and lot of land on Amity street in Lynn, described in the bill by metes and bounds: “ Lynn, April 14, 1866. $50. Received of John and Michael Hurley the sum of fifty dollars in part payment of a house and lot of land situated on Amity Street, Lynn, Mass. The full amount is $1700. This bargain to be closed inside of ten days from date hereof.” James Brown, the…
1Opinion of the CourtFoster, J.
This is a bill in equity for the specific performance of a contract made by a husband and wife to convey her separate property.
The alleged agreement is contained in a receipt given for part payment of the purchase money. This is no objection to its validity. The form of the memorandum is immaterial, if its contents adequately set forth the agreement. Barry v. Combe, 1 Pet. 640. Evans v. Prothero, 2 Macn. & Gord. 322. In this case the paper was signed by both of the parties sought to be charged, and the only objection made to it is, that the premises to be conveyed are not "sufficiently…
2Cases cited2 opinions
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Barry v. CoombeSupreme Court of the United States · 1828
3Cited by90 opinions
- Marks v. . CowdinNew York Court of Appeals · 1919
- Ransdel v. MooreIndiana Supreme Court · 1899
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Tewksbury v. HowardIndiana Supreme Court · 1894
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