Manning v. Fitch
Massachusetts Supreme Judicial Court
Contract for a breach of the following agreement in writing signed by the parties to this action: “ This memorandum of an agreement made this thirteenth day of July, A. D. 1880, by and between Andrew L. Fitch and James T. Manning, both of said Sterling, witnesseth that, in consideration of an agreement between said Fitch and Manning, dated July 9th, 1880, and guaranteed by A. S. Davidson, and for other good and valuable considerations, the said Fitch hereby covenants with…
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Contract for a breach of the following agreement in writing signed by the parties to this action: “ This memorandum of an agreement made this thirteenth day of July, A. D. 1880, by and between Andrew L. Fitch and James T. Manning, both of said Sterling, witnesseth that, in consideration of an agreement between said Fitch and Manning, dated July 9th, 1880, and guaranteed by A. S. Davidson, and for other good and valuable considerations, the said Fitch hereby covenants with the said Manning and agrees with him not to demand of said Manning the payment of the principal named in a certain note…
1Opinion of the CourtHolmes, J.
1. The defendant’s covenant with the plaintiff, not to demand payment of the principal of his mortgage note, nor to begin any proceedings for foreclosure of the mortgage, and not to eject the defendant from the mortgaged land for three years, fairly construed, meant more than a covenant against these acts on the part of the defendant personally. It could not be rendered nugatory by an assignment, but was broken when the defendant’s assignee sold under the power in the mortgage. This construction is confirmed by the plaintiff’s covenant to expend the hay and fodder produced upon the land for…
2Cases cited1 opinion
- Townsend v. Nickerson Wharf Co.Massachusetts Supreme Judicial Court · 1875
3Cited by8 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Boylston Housing Corp. v. O'TooleMassachusetts Supreme Judicial Court · 1947
- Abbott v. HapgoodMassachusetts Supreme Judicial Court · 1889
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