Dwight v. Hamilton
Massachusetts Supreme Judicial Court
Bill in equity filed July 16, 1873, to restrain the defendant from violating the contract implied in the condition of a penal bond, which was as follows : “ The condition of this obligation is such, that whereas the said C. H. Hamilton has agreed with the said William Dwight to sell him his place in said Douglas, — the land and buildings where he now lives, — and his practice and good will as a physician, for the sum of fifty-five hundred dollars; now, if the said C. H.…
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Bill in equity filed July 16, 1873, to restrain the defendant from violating the contract implied in the condition of a penal bond, which was as follows : “ The condition of this obligation is such, that whereas the said C. H. Hamilton has agreed with the said William Dwight to sell him his place in said Douglas, — the land and buildings where he now lives, — and his practice and good will as a physician, for the sum of fifty-five hundred dollars; now, if the said C. H. Hamilton shall convey to said William Dwight, by a good and sufficient warranty deed, all of his aforesaid real estate in…
1Opinion of the Court
Endicott, J.*
The injunction already issued should be made perpetual. On the part of the plaintiff the contract has been performed, and he has removed to Douglas and entered upon the practice that he purchased. It is admitted that the consideration was paid by the wife of the plaintiff and the deed given to her by consent of the parties. The money was therefore paid and the deed given in pursuance of the contract, and the defendant cannot now raise the question that the plaintiff did not himself perform it according to its letter. Neither the contract nor the benefit to accrue to the plaintiff…
2Cases cited1 opinion
- Hoyt v. HollySupreme Court of Connecticut · 1872
3Cited by43 opinions
- Sherman v. PfefferkornMassachusetts Supreme Judicial Court · 1922
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
- Edgecomb v. EdmonstonMassachusetts Supreme Judicial Court · 1926
- United States v. American Medical Ass'nCourt of Appeals for the D.C. Circuit · 1940
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