Parker v. Russell
Massachusetts Supreme Judicial Court
Contract. The declaration alleged “ that the defendant, in consideration of the conveyance by the plaintiff to the defendant of certain real estate in Deerfield, promised and agreed to support and maintain the plaintiff, furnishing him with all things necessary and convenient in sickness and in health, during the natural life of the plaintiff; that the defendant accepted said conveyance, and has occupied and used said estate, but has refused and neglected, and still neglects…
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Contract. The declaration alleged “ that the defendant, in consideration of the conveyance by the plaintiff to the defendant of certain real estate in Deerfield, promised and agreed to support and maintain the plaintiff, furnishing him with all things necessary and convenient in sickness and in health, during the natural life of the plaintiff; that the defendant accepted said conveyance, and has occupied and used said estate, but has refused and neglected, and still neglects and refuses to perform her said agreement.” Writ dated September 14, 1880. Trial in the Superior Court, before Bacon,…
1Opinion of the CourtField, J.
In an action for the breach of a contract to support the plaintiff during his life, if the contract is regarded as still subsisting, the damages are assessed up to the date of the writ, and not up to the time when the verdict is rendered. Fay v. Guynon, 131 Mass. 31.
But if the breach has been such that the plaintiff has the right to treat the contract as absolutely and finally broken by the defendant, and he elects so to treat it, the damages are assessed as of a total breach of an entire contract. Amos v. Oakley, 131 Mass. 413. Schell v. Plumb, 55 N. Y. 592. Remelee v. Hall, 31 Vt. 582.…
2Cases cited7 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Schell v. . PlumbNew York Court of Appeals · 1874
- Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
- Fay v. GuynonMassachusetts Supreme Judicial Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Spring v. Geriatric Authority of HolyokeMassachusetts Supreme Judicial Court · 1985
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- Bucholz v. Green Bros. Co.Massachusetts Supreme Judicial Court · 1930
- Pollack v. PollackTexas Commission of Appeals · 1931
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
51 more not listed; retrieve them via the Exa API.