Legal Opinion

McMahon v. Plumb

Supreme Court of Connecticut

Decided November 10, 1914PublishedCited by 25 opinions

Action for the specific performance of an agreement to sell and convey certain real estate, and for damages, brought to and tried by the District Court of Waterbury, Meigs, Deputy-Judge; facts found and judgment rendered for a specific performance, and appeal by the defendant.

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Action for the specific performance of an agreement to sell and convey certain real estate, and for damages, brought to and tried by the District Court of Waterbury, Meigs, Deputy-Judge; facts found and judgment rendered for a specific performance, and appeal by the defendant. The complaint alleged that on October 18th, 1910, the plaintiff and defendant entered into a written contract (Exhibit A) for the purchase and sale of a lot of land described therein as “Lot No. 1 on map of lots at Walnut Beach and filed at the Town Clerk’s office at Milford, Connecticut, to which reference may be had…

1Opinion of the CourtWheeler, J.

The claim for a correction of the finding as to the size of the lot pointed out by the defendant to the plaintiff is without merit.

The objections to the testimony of Mrs. Phelan, upon the ground that the defendant cannot be bound by her statements made to the plaintiff, were not well taken. Her agency was fully established by the evidence.

The question asked of the .defendant by his counsel, "How much did you pay for the whole tract?”, should have been admitted for what it was worth, as relevant evidence of the fair market value of the tract of which lot No. 1 was a part. The ruling was not a…

2Cases cited19 opinions

  1. Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
  2. Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
  3. Nichols v. JohnsonSupreme Court of Connecticut · 1834
  4. Hodges v. KowingSupreme Court of Connecticut · 1889
  5. Colerick v. HooperIndiana Supreme Court · 1852

14 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Breen v. PhelpsSupreme Court of Connecticut · 1982
  2. Foley v. Huntington Co.Connecticut Appellate Court · 1996
  3. Santoro v. MackSupreme Court of Connecticut · 1929
  4. Cohn v. DunnSupreme Court of Connecticut · 1930
  5. Gendelman v. MongilloSupreme Court of Connecticut · 1921

20 more not listed; retrieve them via the Exa API.

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