Nichols v. Johnson
Supreme Court of Connecticut
This was an action of assumpsit, stating, that on the 1st of February, 1825, Donald Baldwin died, leaving real estate of the value of 1000 dollars, being about 50 acres of land in Newtown ; that Philo Baldivin, as one of the heirs of Donald Baldvñn, was entitled to one fifth part of such estate, after payment of the debts of the deceased and the expenses of settling his estate ; that on the 19th of November, 1825, the right of Philo Baldwin in such estate was legally…
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This was an action of assumpsit, stating, that on the 1st of February, 1825, Donald Baldwin died, leaving real estate of the value of 1000 dollars, being about 50 acres of land in Newtown ; that Philo Baldivin, as one of the heirs of Donald Baldvñn, was entitled to one fifth part of such estate, after payment of the debts of the deceased and the expenses of settling his estate ; that on the 19th of November, 1825, the right of Philo Baldwin in such estate was legally assigned to and became vested in the plaintiff; that on the 6th of March, 1826, at Newtown, the plaintiff offered said right…
1Opinion of the CourtChtjuch, J.
1. Before considering the questions arising under the statute of frauds, it will be proper to consider a preliminary one, growing. out of an alleged material alteration of the note or memorandum of sale, which is the foundation of this action. The plaintiff, in his declaration, charges the defendant as the highest bidder at auction for the estate therein described, and as such the purchaser of it. The memorandum or sale note was made by the auctioneer, agent as well of ven-dee as vendor. It was claimed, by the defendant, that the words “ sales at auction, &th March, 1826,” standing as a…
2Cases cited5 opinions
- Barry v. CoombeSupreme Court of the United States · 1828
- Sterry v. ArdenNew York Court of Chancery · 1814
- Sage v. WilcoxSupreme Court of Connecticut · 1826
- Doolittle v. BlakesleySupreme Court of Connecticut · 1810
- Johnson v. Ronald's AdministratorSupreme Court of Virginia · 1813
3Cited by62 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Baldwin v. KerlinIndiana Supreme Court · 1873
- DeLuca v. C. W. Blakeslee & Sons, Inc.Supreme Court of Connecticut · 1978
- Howe v. WatsonMassachusetts Supreme Judicial Court · 1901
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