Slater v. Smith
This text of 117 Mass. 96 (Slater v. Smith) 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.
Opinion
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.
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Cite This Page — Counsel Stack
117 Mass. 96, 1875 Mass. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slater-v-smith-mass-1875.