Massachusetts Digest; A Digest of the Reported Decisions of the Supreme Judicial Court of the Commonwealth of Massachusetts from 1804 to 1879, with References to Earlier Cases Volume 1

Massachusetts Digest; A Digest of the Reported Decisions of the Supreme Judicial Court of the Commonwealth of Massachusetts from 1804 to 1879, with References to Earlier Cases Volume 1

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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. 1881 edition. Excerpt: ... A., by an agreement in writing, sold a building to B., and agreed to remove it to his land. In consideration thereof B. sold a building to A., to be removed by A., and agreed to pay A. $200. To the performance of the agreement each bound himself in the penal sum of $100. A.'s building, in removal, fell down in the highway, and A. thereupon abandoned his efforts to remove it, and used the fragments as his own. B. did not pay the sum of $200, though it was demanded. B. then sued A. for breach of contract, and recovered as damages tiie amount of the penal sum. Held, in a suit by A. against 13., that the stipulations of the parties were not independent, that the failure of A. to perform his part of the agreement released B., and that the action would not lie. Gates v. Ryan, 115 Mass. 090 (1874). 17. A. signed and delivered to B. the following agreement: "Received of B. $100 on account of guns shipped by us per invoice, and now in bonded warehouse, which guns we promise to deliver to B. on June 1, or at such time as he shall order previous to that date, upon payment of balance of invoice with freight, charges, and interest." B. paid the $100, and agreed orally to receive the guns on or before June 1; but up to June 1, A. never delivered or offered to deliver the guns to B., or made to him any statement or demand of the amount of the sums to be paid by him for them, and B. never requested any such statement or.paid or offered to pay the said amount. After June 1, A. requested B. to take and pay for the guns, but he refused to do so, whereupon A. sold them. Held, that A. could not maintain an action against B. for refusal to accept and pay for the guns; nor could B. maintain an action against A. to recover the $100 paid on account....show more

Product details

  • Paperback
  • 189 x 246 x 51mm | 1,778g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236940261
  • 9781236940261