Davis v. Parker
Massachusetts Supreme Judicial Court
Contract. The writ was dated September 17th 1857. The declaration alleged that, on the 25th of June 1857, the defendant executed to the plaintiff a bond of the same date, the condition of which recited an agreement by the defendant, upon the payment to him by the plaintiff of a certain sum of money, in thirty days from the date of the bond, to make, execute and deliver to the plaintiff “ a good and sufficient deed, with the usual covenants of warranty, release of dower,”…
Read the full summary
Contract. The writ was dated September 17th 1857. The declaration alleged that, on the 25th of June 1857, the defendant executed to the plaintiff a bond of the same date, the condition of which recited an agreement by the defendant, upon the payment to him by the plaintiff of a certain sum of money, in thirty days from the date of the bond, to make, execute and deliver to the plaintiff “ a good and sufficient deed, with the usual covenants of warranty, release of dower,” &c., of a tract of woodland, situated in Lunenburg, in the county of Worcester, containing twenty-four acres and one…
1Opinion of the CourtHoar, J.
The finding of the court upon the facts disposes of all the objections taken by the defendant to the equity of the plaintiff’s bill. If the defendant tendered the best deed in his power to make, it was not such a deed as his contract bound him to execute, nor such as the plaintiff was required to accept. If he was unable to procure a release of dower, he should have accompanied his tender of a deed with an offer to deduct the value of the incumbrance from the purchase money. At the election of the plaintiff, there may be a decree for specific performance so far as it is in the defendant’s…
2Cited by4 opinions
- Bredesen v. NickolaySupreme Court of Minnesota · 1920
- Crockett v. GraySupreme Court of Kansas · 1888
- Shelter Corp. of Canada Ltd. v. BozinDistrict Court of Appeal of Florida · 1985
- Wald v. BienOhio Superior Court, Cincinnati · 1913