Adams v. Messinger
Massachusetts Supreme Judicial Court
Bill in equity, filed March 15, 1887, alleging that the defendant, who was the owner of letters patent of the United States, and the plaintiff, who was the owner of similar letters patent of the Dominion of Canada, executed the following instrument under seal.
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Bill in equity, filed March 15, 1887, alleging that the defendant, who was the owner of letters patent of the United States, and the plaintiff, who was the owner of similar letters patent of the Dominion of Canada, executed the following instrument under seal. “ Memorandum of agreement made this sixth day of May, 1886, between William T. Messinger and George B. Adams, both of Cambridge, Massachusetts, which witnesseth as follows: “ Said Messinger agrees to furnish and deliver to said Adams, within three months from this date, one perfect working injector of the sizes one, two, three, four,…
1Opinion of the CourtDevens, J.
It is the contention of the defendant, that the plaintiff has a full, complete, and adequate remedy at common law by an action for damages, and that the court sitting in equity cannot grant the relief sought by the prayer of the bill.
The controversy arises- from the failure to perform an executory written contract. So far as this relates to personal property, the objections arising from the statute of frauds, which have sometimes been found to exist when oral contracts were sought to be enforced, have of course no application. The general rule that contracts as to the purchase of personal…
2Cases cited7 opinions
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Newton v. . BronsonNew York Court of Appeals · 1856
- Curran v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1874
- Binney v. AnnanMassachusetts Supreme Judicial Court · 1871
- Cunningham v. ButlerMassachusetts Supreme Judicial Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- Tobin v. LarkinMassachusetts Supreme Judicial Court · 1903
- Sanford v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1944
- Waddle v. . CabanaNew York Court of Appeals · 1917
35 more not listed; retrieve them via the Exa API.