Martin v. Drinan
Massachusetts Supreme Judicial Court
Contract for breach of an alleged covenant contained in a deed from William Williams to the defendant. At the trial in the Superior Court, before Wilkinson, J., it appeared that the plaintiffs and the defendant were owners of adjacent estates, and the privies hereinafter referred to were both on the estate of the plaintiffs; that Williams was originally the owner of both estates, and, in 1863, conveyed to the defendant her estate by a deed poll in the usual form, which…
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Contract for breach of an alleged covenant contained in a deed from William Williams to the defendant. At the trial in the Superior Court, before Wilkinson, J., it appeared that the plaintiffs and the defendant were owners of adjacent estates, and the privies hereinafter referred to were both on the estate of the plaintiffs; that Williams was originally the owner of both estates, and, in 1863, conveyed to the defendant her estate by a deed poll in the usual form, which contained, after a description by metes and bounds, one of which was on an arched passageway, the following clause: “With all…
1Opinion of the CourtGray, C. J.
The agreement to repair buildings upon land adjoining the defendant’s, being contained in a deed poll to her, and not being under her seal, is not a covenant, and this action is in the nature of assumpsit on the promise implied from the acceptance of the deed." Maine v. Cumston, 98 Mass. 317, 320, and cases cited. It would be difficult, if not impossible, to maintain the action against an assign of the promisor. Parish v. Whitney, 3 Gray, 516. Bronson v. Coffin, 108 Mass. 175, 186. And it is quite clear that it cannot be maintained in the name of an assign of the promisee. Standen v.…
2Cases cited2 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
3Cited by16 opinions
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
- Sanger v. WarrenTexas Supreme Court · 1898
- Childs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Whittenton Manufacturing Co. v. StaplesMassachusetts Supreme Judicial Court · 1895
- King v. WightMassachusetts Supreme Judicial Court · 1892
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