Slater v. Smith
Massachusetts Supreme Judicial Court
Bill in equity by Perley R Slater and Martha M. Slater, for the specific performance of the following agreement in writing, under seal, and signed by Perley It.
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Bill in equity by Perley R Slater and Martha M. Slater, for the specific performance of the following agreement in writing, under seal, and signed by Perley It. Slater and the defendant: “ Boston, October 22, 1872. By this agreement made this day through Wilder & Holway, our respective agents, we hereby bind ourselves, our heirs and assigns to the following conditions for exchange of real estate and land bonds or certificates of stocks, and agreeing to make good to each other any loss or damage that may arise in consequence of failure on the part of either party to carry out in good faith the…
1Opinion of the CourtGray, C. J.
It is settled by the decisions of this court that the contract signed by the defendant was a sufficient memorandum to take the case out of the statute of frauds, even if not signed by or in behalf of the plaintiffs. Mead v. Parker, 115 Mass. 413. Old Colony Railroad v. Evans, 6 Gray, 25. It is impossible to see, upon this demurrer, that competent paroi evidence would not identify the estate intended, as the only one which would satisfy the description. Under the prayer of the bill, the court may mould the relief according to the circum stances which may appear at the hearing.
Demurrer…
2Cases cited1 opinion
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
3Cited by14 opinions
- Doherty v. HillMassachusetts Supreme Judicial Court · 1887
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
- Lente v. ClarkeSupreme Court of Florida · 1886
- Eggleston v. WagnerMichigan Supreme Court · 1881
- McMahon v. PlumbSupreme Court of Connecticut · 1914
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