Newcomb v. Brackett
Massachusetts Supreme Judicial Court
The declaration was in case, “ for that the said B. at, &c. on the 8th of August, 1808, by his memorandum in writing of that date, by him subscribed, acknowledged that he had then and there received of the plaintiff a bill of sale of one half of the sloop Union and her apparel, the consideration whereof the said B. then and there acknowledged in writing under his hand to be 200 dollars; which sum the said B. then and there, in said memorandum by him subscribed, promised the…
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The declaration was in case, “ for that the said B. at, &c. on the 8th of August, 1808, by his memorandum in writing of that date, by him subscribed, acknowledged that he had then and there received of the plaintiff a bill of sale of one half of the sloop Union and her apparel, the consideration whereof the said B. then and there acknowledged in writing under his hand to be 200 dollars; which sum the said B. then and there, in said memorandum by him subscribed, promised the plaintiff to account to him for in a transfer of a deed which the said B. then held against one Jackson Field’s estate,…
1Opinion of the CourtParker, C. J.
The contract set forth in the declaration is substantially, that in consideration of the value of a sloop sold by the plaintiff to the defendant, estimated at 200 dollars, the defendant would, upon payment of 100 dollars by the plaintiff, which was due *141to the defendant from one Field, and to secure which he had taken a deed of Field’s estate, convey said estate to the plaintiff; and the breach of the contract alleged is, that the defendant had disabled himself from performing the contract, by conveying the same estate to another person.
The declaration is demurred to, and the objection to it…
2Cases cited2 opinions
- Eames v. SavageMassachusetts Supreme Judicial Court · 1817
- Webster v. CoffinMassachusetts Supreme Judicial Court · 1817
3Cited by39 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Ellis v. Safety InsuranceMassachusetts Appeals Court · 1996
- Lowe v. HarwoodMassachusetts Supreme Judicial Court · 1885
- Cooley v. MossSupreme Court of Georgia · 1905
- Hutchinson v. DeeCourt of Appeals for the First Circuit · 1901
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