Miller v. Burt
Massachusetts Supreme Judicial Court
Bill in equity inserted in a common law writ dated March 26,1907, to compel the specific performance of an agreement to convey a parcel of land in the town of Charlemont. There was no allegation in the bill that the alleged contract of the defendant to convey the land was in writing. The copy of the alleged memorandum annexed to the bill was as follows: “ Zoar, Mass.
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Bill in equity inserted in a common law writ dated March 26,1907, to compel the specific performance of an agreement to convey a parcel of land in the town of Charlemont. There was no allegation in the bill that the alleged contract of the defendant to convey the land was in writing. The copy of the alleged memorandum annexed to the bill was as follows: “ Zoar, Mass. Feb 26, 1907 “ Received of A. F. Truesdell ten dollars in part payment on lot sold to him he to pay balance, forty dollars on delivery of the deed “ D. W. Burt.” It was alleged in the bill that Adalbert F. Truesdell, of that part…
1Opinion of the CourtSheldon, J.
The demurrer rightly was sustained; and, as the plaintiff apparently did not desire to make any amendment, the bill properly was dismissed.
I. It is abundantly settled by the decisions of this court that the memorandum signed by the defendant was not sufficient to take the case out of the statute of frauds. It utterly failed to describe or identify in any manner, or by any reference, the land intended to be conveyed. Whelan v. Sullivan, 102 Mass. 204. There was no such fraud or part performance averred as would entitle the plaintiff to avoid the statutory bar. Glass v. Hulbert, 102 Mass. 24.…
2Cases cited7 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Livingstone v. MurphyMassachusetts Supreme Judicial Court · 1905
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
- Doherty v. HillMassachusetts Supreme Judicial Court · 1887
- Harrell v. SonnabendMassachusetts Supreme Judicial Court · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Michelson v. ShermanMassachusetts Supreme Judicial Court · 1942
- Harrigan v. DodgeMassachusetts Supreme Judicial Court · 1909
- Linsky v. Exchange Trust Co.Massachusetts Supreme Judicial Court · 1927
- Cluff v. PicardiMassachusetts Supreme Judicial Court · 1954
- Desmarais v. TaftMassachusetts Supreme Judicial Court · 1912
2 more not listed; retrieve them via the Exa API.