Caswell v. Wendell

Massachusetts Supreme Judicial Court

Caswell v. Wendell

4 Mass. 108

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1808

StatusPublished

Cited by16 cases

This text of 4 Mass. 108 (Caswell v. Wendell) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caswell v. Wendell, 4 Mass. 108 (Mass. 1808).

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Opinion

Curia.

As to the plaintiff’s objection, we are satisfied that the direction of the judge, as to the rule of assessing damages, was right. No covenant appeared to be broken, but the covenant that Erving, the testator, was lawfully seised. That covenant was broken at the time the conveyance was executed ; and the value of the land at that time, as agreed by the parties, with interest, is the measure of damages.

Let judgment he rendered according to the verdict.

See the cases of Marston vs. Hobbs, ante, vol. ii. 433, and Bickford vs. Page, ibid. 455.

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Curia.

As to the plaintiff’s objection, we are satisfied that the direction of the judge, as to the rule of assessing damages, was right. No covenant appeared to be broken, but the covenant that Erving, the testator, was lawfully seised. That covenant was broken at the time the conveyance was executed ; and the value of the land at that time, as agreed by the parties, with interest, is the measure of damages.

Let judgment he rendered according to the verdict.

See the cases of Marston vs. Hobbs, ante, vol. ii. 433, and Bickford vs. Page, ibid. 455.

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Bluebook (online)

4 Mass. 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caswell-v-wendell-mass-1808.

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