Lee v. Kirby
Massachusetts Supreme Judicial Court
Bill in equity filed April 6,1868. The bill alleged that the plaintiff, being the owner of a tract of land containing 17,920 square feet, on Marlborough Street in Boston, did, on October 14, 1865, enter into an agreement, under seal, with the defendant, by which the defendant agreed to buy and the plaintiff tc sell the said tract of land on the following terms: “ The price of said land to be $60,928, with interest at six per cent, per annum from November 1, 1865, to the…
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Bill in equity filed April 6,1868. The bill alleged that the plaintiff, being the owner of a tract of land containing 17,920 square feet, on Marlborough Street in Boston, did, on October 14, 1865, enter into an agreement, under seal, with the defendant, by which the defendant agreed to buy and the plaintiff tc sell the said tract of land on the following terms: “ The price of said land to be $60,928, with interest at six per cent, per annum from November 1, 1865, to the delivery of the deed ; the deed to be delivered on December 1, 1866, or as much earlier ás said Kirby will pay the price of…
1Opinion of the CourtAmes, J.
The original contract appears to have been free from all ambiguity. There is no suggestion of any omission, mistake or fraud. It is not claimed that it was not fair and just in all its parts, or that it was harsh or unreasonable, or that it was attended at the outset with any circumstances that would be likely to prevent the court, in the exercise of its discretion, from ordering its specific performance on the application of either party. It was in view of certain mutual advantages that the price of the land was agreed upon ; and so far as the original contract is concerned, it does not…
2Cases cited1 opinion
- Osgood v. FranklinNew York Court of Chancery · 1816
3Cited by22 opinions
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
- Franklin Telegraph Co. v. HarrisonSupreme Court of the United States · 1892
- State Street Trust Co. v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1911
- Beals v. CaseMassachusetts Supreme Judicial Court · 1884
- O'Brien v. BolandMassachusetts Supreme Judicial Court · 1896
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