Rounds v. Baxter
Supreme Judicial Court of Maine
This was an action of assumpsit, upon a written memorandum of a contract made between the parties, August 8,1819, by which the defendant agreed to convey to the plaintiff a certain parcel of real estate in Portland ; stating that he had received twenty four'dollars in part payment; and was to receive twenty six more, in thirty days, twenty more in one year, and eighty dollars more in three subsequent annual instalments ; and that the plaintiff was to give the defendant good…
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This was an action of assumpsit, upon a written memorandum of a contract made between the parties, August 8,1819, by which the defendant agreed to convey to the plaintiff a certain parcel of real estate in Portland ; stating that he had received twenty four'dollars in part payment; and was to receive twenty six more, in thirty days, twenty more in one year, and eighty dollars more in three subsequent annual instalments ; and that the plaintiff was to give the defendant good security when the deed was given. It was signed by the defendant only. At the trial, which was before the Chief Justice…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the court.
The contract upon which the special counts are founded is drawn in a very clumsy and imperfect manner ; but its meaning may be easily understood ; and it is evident that the counsel who drew those counts did understand what must have been the fair intention of the parties. The essence of the agreement was that for a certain sum of money, (of which $24 were paid to the defendant at the date of the agreement, in part,) payable by several annual instalments, for which good security was to be given, the defendant agreed to release to the plaintiff…
2Cases cited2 opinions
- Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
- Worthen v. StevensMassachusetts Supreme Judicial Court · 1808
3Cited by8 opinions
- Sanders v. BrockSupreme Court of Pennsylvania · 1911
- Norris v. LetchworthMissouri Court of Appeals · 1912
- Levine v. ReynoldsSupreme Judicial Court of Maine · 1947
- Dooley v. StillsonSupreme Court of Rhode Island · 1925
- Lawrence v. DemosWyoming Supreme Court · 1952
3 more not listed; retrieve them via the Exa API.