Slater v. Smith

Massachusetts Supreme Judicial Court

Slater v. Smith

117 Mass. 96, 1875 Mass. LEXIS 163

Massachusetts Supreme Judicial Court·Decided January 19, 1875·Published·Cited by 14 cases

Opinion

Gray, C. J.

It is settled by the decisions of this court that the contract signed by the defendant was a sufficient memorandum to take the case out of the statute of frauds, even if not signed by or in behalf of the plaintiffs. Mead v. Parker, 115 Mass. 413. Old Colony Railroad v. Evans, 6 Gray, 25. It is impossible to see, upon this demurrer, that competent paroi evidence would not identify the estate intended, as the only one which would satisfy the description. Under the prayer of the bill, the court may mould the relief according to the circum stances which may appear at the hearing.

Demurrer overruled.

Free access — add to your briefcase to read the full text and ask questions with AI

Gray, C. J.

It is settled by the decisions of this court that the contract signed by the defendant was a sufficient memorandum to take the case out of the statute of frauds, even if not signed by or in behalf of the plaintiffs. Mead v. Parker, 115 Mass. 413. Old Colony Railroad v. Evans, 6 Gray, 25. It is impossible to see, upon this demurrer, that competent paroi evidence would not identify the estate intended, as the only one which would satisfy the description. Under the prayer of the bill, the court may mould the relief according to the circum stances which may appear at the hearing.

Demurrer overruled.

Slater v. Smith, 117 Mass. 96, 1875 Mass. LEXIS 163 (Mass. 1875).

Pincite

117 Mass. 96 (Slater v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related