Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 94

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 94

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ... evidence a duplicate of the memorandum of December 9, 1885, already referred to, which bears upon its back the following indorsement, signed by both Proctor and Lane: "Cancelled June 1, --'89--by new agreement." On the same day Lane had caused to be drafted an agreement referring to various lots of land, not identical with those referred to in the previous statements, and of which, he says in the statement, deeds are " to be delivered to said Proctor when the notes now held by me or indorsed by me for the said Proctor shall be paid." This memorandum also contains the following statement: " All agreements signed by me previous to this date are to be cancelled." Before this memorandum of June 1, 1889, was signed or delivered to the plaintiff, it was shown to him for his approval and he caused the following statement to be written therein: " The property on the corner of Pearl and Congress Sts. bot. of the Smiths and under lease to Oren Hooper and Son is to be delivered to said Proctor, he paying me the amount that I have paid out and one thousand dollars bonus on the same." But when the memorandum was taken back to Lane he refused to sign it until this latter clause had been stricken out, when he did sign it and delivered it to the plaintiff's clerk. It is true, that Proctor claims that he did not accept this paper of June 1, 1889, with the erasure; but, as said by the sitting justice, "he never demanded back his cancellation of the statement of December 9, 1885, nor returned to Lane the statement of J une 1, 1889, nor made any complaint to Lane in regard to it. He relied upon the paper to establish his rights to lots mentioned therein, and not included in the prior statement, ...
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Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236947258
  • 9781236947253