Wells v. Day
Massachusetts Supreme Judicial Court
Contract, in several counts, for breach of agreements to accept deeds of certain parcels of land purchased by the defendant at a sale by auction, and to pay the prices at which they were struck off to him by the auctioneer.
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Contract, in several counts, for breach of agreements to accept deeds of certain parcels of land purchased by the defendant at a sale by auction, and to pay the prices at which they were struck off to him by the auctioneer. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions in substance as follows: On November 12, 1874, the plaintiff, as the assignee in bankruptcy of the estate of John H. Stebbins, having given due notice, offered and sold by public auction the real estate of Stebbins, in twenty several parcels, in the order of their numbers, the…
1Opinion of the CourtEndicott, J.
The plaintiff sold by public auction twenty parcels of land. They were separately described in the advertisement, and separately sold. Each lot stood by itself, and the defendant, having bid off four lots, numbered 1, 3, 4 and 17 respectively, signed a separate memorandum of the purchase of each, stating the price and binding himself to the terms of the sale. The purchase of each parcel was a distinct contract, and the failure of the plaintiff to tender a deed in season of lot 17 did not discharge the defendant from his obligation tc perform his . contracts made respecting the other lots. Van…
2Cases cited10 opinions
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Mooney v. MillerMassachusetts Supreme Judicial Court · 1869
- Carpenter v. HolcombMassachusetts Supreme Judicial Court · 1870
- Kyle v. KavanaghMassachusetts Supreme Judicial Court · 1869
- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smith v. GreeneMassachusetts Supreme Judicial Court · 1907
- Epdee Corp. v. RichmondMassachusetts Supreme Judicial Court · 1947
- Foternick v. WatsonMassachusetts Supreme Judicial Court · 1903
- Sleeper v. NicholsonMassachusetts Supreme Judicial Court · 1909
- McManus v. GregoryMissouri Court of Appeals · 1885
4 more not listed; retrieve them via the Exa API.