Brigham v. Evans
Massachusetts Supreme Judicial Court
Contract to recover damages for the refusal to perform a written contract for the exchange of property. Writ dated May 2, 1871. At the trial in the Superior Court, before Devens, J., it appeared that the parties on or about April 24, 1871, made a written contract for the exchange of certain real estate belonging to the defendant, and certain real estate and a span of horses belonging to the plaintiff, in which contract it was agreed that the property of each party should be…
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Contract to recover damages for the refusal to perform a written contract for the exchange of property. Writ dated May 2, 1871. At the trial in the Superior Court, before Devens, J., it appeared that the parties on or about April 24, 1871, made a written contract for the exchange of certain real estate belonging to the defendant, and certain real estate and a span of horses belonging to the plaintiff, in which contract it was agreed that the property of each party should be appraised by three persons named, that the appraisal of a majority of them should be taken as the values of the…
1Opinion of the CourtGray, C. J.
The defendant has no just ground of exception to the rulings and instructions at the trial. The appraisement made according to the agreement of the parties was introduced without objection, and was competent evidence, as between them, of the value of the defendant’s property at the time of the appraisement. The amount for which the plaintiff’s property was sold by auction was competent evidence of its value at the time of sale. Kent v. Whitney, 9 Allen, 62. Campbell v. Woodworth, 20 N. Y. 499. And there was evidence tending to show that it had not depreciated between the dates of the…
2Cases cited1 opinion
- Campbell v. . WoodworthNew York Court of Appeals · 1859
3Cited by19 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- Roche v. SmithMassachusetts Supreme Judicial Court · 1900
- Dore v. Southern Pac. Co.California Supreme Court · 1912
- Combs v. ScottWisconsin Supreme Court · 1890
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