Legal Opinion
Andre v. Ellison
Massachusetts Supreme Judicial Court
Decided November 1, 1949PublishedCited by 4 opinions
1Opinion of the CourtWilkins, J.
This is an action of contract by the buyer against the seller for breach of a contract for the sale of land in Ludlow. Count 1 alleges that the contract is written, *666and count 2 treats the contract as oral. One of the defences is the statute of frauds. G. L. (Ter. Ed.) c. 259, § 1, Fourth. The District Court judge found for the plaintiff. The Appellate Division vacated the finding, and ordered judgment for the defendant. The plaintiff appealed.
The alleged written contract is as follows: “Ludlow, Mass. Mar. 8, 1947 Received of John B. Andre Five Hundred Dollars first payment on land west side…
2Cases cited15 opinions
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Irving v. Goodimate Co.Massachusetts Supreme Judicial Court · 1946
- Michelson v. ShermanMassachusetts Supreme Judicial Court · 1942
- Cousbelis v. AlexanderMassachusetts Supreme Judicial Court · 1944
- Doherty v. HillMassachusetts Supreme Judicial Court · 1887
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3Cited by4 opinions
- Magnat Corporation v. B & B Electroplating Co., Inc., B & B Electroplating Co., Inc. v. Magnat CorporationCourt of Appeals for the First Circuit · 1966
- Bock v. BourgeoisMassachusetts District Court, Appellate Division · 1967
- Harris v. Moynihan Lumber of Beverly, Inc.Massachusetts District Court, Appellate Division · 1999
- Nisby v. MurchMassachusetts District Court, Appellate Division · 1963