Old Colony Railroad v. Evans
Massachusetts Supreme Judicial Court
Bill in equity to enforce the specific performance of a written contract. The bill alleged that the defendant, having agreed with the city of Boston to haul a large quantity of gravel on to certain “ neck lands ” belonging to the city, on the 14th of January 1848 entered into a written contract with the plaintiffs, by which they agreed to purchase “ a certain tract of land, called Mount Hope, containing about forty acres, situated on the southerly side of Neponset River, in…
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Bill in equity to enforce the specific performance of a written contract. The bill alleged that the defendant, having agreed with the city of Boston to haul a large quantity of gravel on to certain “ neck lands ” belonging to the city, on the 14th of January 1848 entered into a written contract with the plaintiffs, by which they agreed to purchase “ a certain tract of land, called Mount Hope, containing about forty acres, situated on the southerly side of Neponset River, in Quincy,” and the defendant agreed to take gravel from Mount Hope, and convey it, in his own cars, over the road of the…
1Opinion of the CourtDewey, J.
1. The general power of a court of chancery ta compel the performance of specific contracts is unquestionable. It is clearly recognized in the elementary books and in the re - ported cases. It is directly given to this court by Rev. Sts. c. 81, § 8, in “ all suits for the specific performance of any written contract, where there is not a plain and adequate remedy at law.”
A recurrence to the books of authority on this subject will also fully show that the power of this court may be invoked, in this respect, as well in behalf of the vendor of real estate, as of the vendee; and, in all proper…
2Cases cited7 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Benedict v. LynchNew York Court of Chancery · 1815
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Franchot v. LeachNew York Supreme Court · 1826
- In re HunterNew York Court of Chancery · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Becker v. MasonSupreme Court of Kansas · 1883
- DiVittorio v. HSBC Bank, USA, N.A. Ex Rel. Ace Securities Corp. Home Equity Loan Trust (In Re DiVittorio)United States Bankruptcy Court, D. Massachusetts · 2010
- McDaniel v. DavesSupreme Court of Virginia · 1924
- Ansley v. GreenSupreme Court of Georgia · 1888
- In re GrassieUnited States Bankruptcy Court, D. Massachusetts · 2003
5 more not listed; retrieve them via the Exa API.