Record v. Littlefield
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on January 17,1913, to enforce specifically the performance of a contract in writing for the sale and conveyance by the defendant to the plaintiff of certain real estate on the north side of High Street in the town of Avon called the Littlefield Farm, the contract being signed “Henry T. Anglin, Agent,” and being alleged to have been made in behalf of the defendant and with his authority.
Read the full summary
Bill in equity, filed in the Superior Court on January 17,1913, to enforce specifically the performance of a contract in writing for the sale and conveyance by the defendant to the plaintiff of certain real estate on the north side of High Street in the town of Avon called the Littlefield Farm, the contract being signed “Henry T. Anglin, Agent,” and being alleged to have been made in behalf of the defendant and with his authority. The contract in writing sought to be enforced purported to have been made with Sanford P. Record, who was the plaintiff’s husband. It was as follows: “Brockton,…
1Opinion of the CourtBraley, J.
The plaintiff is a stranger to the contract of which specific performance is asked. But, having been recognized by the defendant as if she were the assignee, .her rights are the same *485as those of her husband, whose name alone appears as the proposed purchaser. Currier v. Howard, 14 Gray, 511. Wass v. Mugridge, 128 Mass. 394.
The decree rests on the finding of the judge, that the contract set out in the bill, executed by “Henry T. Anglin, Agent,” had been duly authorized by the defendant. It is settled that an agent appointed by paroi may make a binding contract for the sale of the real property…
2Cases cited11 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
- Foster v. RockwellMassachusetts Supreme Judicial Court · 1870
- Williams v. CartyMassachusetts Supreme Judicial Court · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- Michelson v. ShermanMassachusetts Supreme Judicial Court · 1942
- Malaguti v. RosenMassachusetts Supreme Judicial Court · 1928
- Harris v. ClintonSupreme Court of Connecticut · 1955
- Exchange Realty Co. v. BinesMassachusetts Supreme Judicial Court · 1939
14 more not listed; retrieve them via the Exa API.