Robinson v. Trofitter
Massachusetts Supreme Judicial Court
Conte ACT. The first count of the declaration alleged that the plaintiff bought and the defendant sold a lot of land in Boston by auction; that the plaintiff paid to the auctioneer the deposit of $200 required, and had since in all other respects complied with the contract of sale; but that the defendant broke it, refused to convey the land to him, and conveyed it to another. A second count was for money had and received, to recover the deposit paid to the auctioneer.
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Conte ACT. The first count of the declaration alleged that the plaintiff bought and the defendant sold a lot of land in Boston by auction; that the plaintiff paid to the auctioneer the deposit of $200 required, and had since in all other respects complied with the contract of sale; but that the defendant broke it, refused to convey the land to him, and conveyed it to another. A second count was for money had and received, to recover the deposit paid to the auctioneer. The answer denied each and every allegation of the declaration, and alleged that, if there was any failure on the defendant’s…
1Opinion of the CourtChapman, C. J.
At the former trial the parties waived the right of trial by jury, under the Gen. Sts. c. 129, § 66, which provides that upon such waiver the cause shall thereupon be heard and determined by the court, and judgment entered as in case of verdict by a jury. By § 67, exceptions to the decisions and rulings of the court, upon matters of law arising upon such trial, may be filed by either party. Such exceptions were filed in this case by the defendant, which were heard in this court, and thereupon a rescript was sent, “Exceptions sustained.” A question is raised as to the effect of that rescript.…
2Cited by4 opinions
- Hayden v. Maine Central RailroadSupreme Judicial Court of Maine · 1920
- Dows v. SwettMassachusetts Supreme Judicial Court · 1879
- Low v. LowMassachusetts Supreme Judicial Court · 1908
- Merrill v. MerrillSupreme Judicial Court of Maine · 1876