Frazier v. Cushman
Massachusetts Supreme Judicial Court
This was assumpsit for money had and received. The declaration contained also a special count upon the following agreement, as signed the 12th of February, 1808, namely ; “ This may certify that I, Jabez Cushman, of, &c., do hereby promise and engage to give and execute a deed of a certain piece or parcel of land bounded, &c., to Michael Frazier, provided he, the said Michael, pay me, the said Jabez, one hundre 1 and sixty-three dollars and fifty cents within eighteen months…
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This was assumpsit for money had and received. The declaration contained also a special count upon the following agreement, as signed the 12th of February, 1808, namely ; “ This may certify that I, Jabez Cushman, of, &c., do hereby promise and engage to give and execute a deed of a certain piece or parcel of land bounded, &c., to Michael Frazier, provided he, the said Michael, pay me, the said Jabez, one hundre 1 and sixty-three dollars and fifty cents within eighteen months from the date hereof, with the interest thereof from this date. I say, on his the said Michael’s paying me the said sum…
1Opinion of the Court
* Parker, C. J.,
delivered the opinion of the Court. The plaintiff has endeavoured to show, by the facts which appear in the report, that, in pursuance of his contract with Cushman, he did what in law should be considered equivalent to a tender of the money which was to entitle him to a deed.
But this cannot be established. The most that was done by the plaintiff was, to inform Cushman that he was able to procure the *243money by borrowing ; and the most that was done by Cushman was, to dissuade the plaintiff from borrowing or hiring the money, and to make him understand that no advantage should be…
2Cases cited2 opinions
- Borden v. BordenMassachusetts Supreme Judicial Court · 1809
- Blood v. GoodrichNew York Supreme Court · 1832
3Cited by11 opinions
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Borden v. BordenMassachusetts Supreme Judicial Court · 1809
- Eliot National Bank v. BealMassachusetts Supreme Judicial Court · 1886
- Frank Fitzgerald, Inc. v. PACELLA BROTHERS, INCMassachusetts Appeals Court · 1974
- Felton v. LorionMassachusetts District Court, Appellate Division · 1967
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