Dickinson v. Lee
Massachusetts Supreme Judicial Court
Contract for money had and received to the plaintiff’s use. At the trial in the superior court, before Lord, J., the plaintiff, ■ who was the only witness called, testified that he negotiated wi® David A. Buckley, an agent of the defendant, for the purchase of a parcel of land on Chauncey Street in Cambridge, belonging to the defendant; that he asked Buckley how much there was' oi it, and Buckley said there was between 40,000 and 50,000 square feet; that they rode around it…
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Contract for money had and received to the plaintiff’s use. At the trial in the superior court, before Lord, J., the plaintiff, ■ who was the only witness called, testified that he negotiated wi® David A. Buckley, an agent of the defendant, for the purchase of a parcel of land on Chauncey Street in Cambridge, belonging to the defendant; that he asked Buckley how much there was' oi it, and Buckley said there was between 40,000 and 50,000 square feet; that they rode around it in a carriage; that there was one fence around the land, and no interior fences or other marks of division; that he…
1Opinion of the CourtAmes, J.
The case shows that what the plaintiff contracted for and undertook to buy was a lot of land which he had ample opportunity to examine, and as to the identity of which there was no dispute. "No deception was practised upon him. He made such examination as he saw fit. He rode .around the lot in company with the defendant’s agent, came to the conclusion to buy it at the price demanded by the vendor, and paid the sum of five hundred dollars on account of the sale, for which payment the receipt was given. There is no evidence that any warranty oi *559assurance was given that the area was only between…
2Cases cited1 opinion
- Noble v. GooginsMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Dooley v. StillsonSupreme Court of Rhode Island · 1925
- Docter v. FurchWisconsin Supreme Court · 1890
- Morrison v. ClarkSupreme Judicial Court of Maine · 1896
- Rosenberg v. DeitrickDistrict Court, D. Massachusetts · 1940
- Wier v. JohnsSupreme Court of Colorado · 1890
1 more not listed; retrieve them via the Exa API.