Curtis v. Wakefield

Massachusetts Supreme Judicial Court

Curtis v. Wakefield

32 Mass. 437

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1834

StatusPublished

This text of 32 Mass. 437 (Curtis v. Wakefield) 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

Curtis v. Wakefield, 32 Mass. 437 (Mass. 1834).

Pincite

Opinion

Per Curiam.

If this is an action of assumpsit, as claimed by the plaintiffs, they must prove the promise averred, by legal evidence. The Court are of opinion, that the promise relied on was not collateral to, and independent of, the written contract made between the parties, and which was considered in a former case ; Wakefield v. Stedman, 12 Pick. 562 ; but that it was part of the same contract, in the nature of a condition or defeasance, and as such cannot be set up and established by paroi proof.

Plaintiffs nonsuit.

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Per Curiam.

If this is an action of assumpsit, as claimed by the plaintiffs, they must prove the promise averred, by legal evidence. The Court are of opinion, that the promise relied on was not collateral to, and independent of, the written contract made between the parties, and which was considered in a former case ; Wakefield v. Stedman, 12 Pick. 562 ; but that it was part of the same contract, in the nature of a condition or defeasance, and as such cannot be set up and established by paroi proof.

Plaintiffs nonsuit.

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Bluebook (online)

32 Mass. 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-wakefield-mass-1834.