Clifford v. Heald
Josephine E. Clifford v. Benjamin F. Heald
Headnotes
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Field, J.
This is a bill in equity, to which the defendant has demurred. The bill alleges that the defendant orally promised the plaintiff to convey to her certain real estate, if she would assign to him a certain policy of insurance; that the defendant has in no part performed his promise; that the plaintiff has offered an assignmént of the policy to the defendant, which he has not *323 accepted; and that the defendant has conveyed the real estate to another person, and the plaintiff has incurred some expenses, relying upon the promise of the defendant. The contract is within the statute of frauds, Pub. Sts. c. 78, § 1, cl. 4, and there has been no part performance of it by the defendant; this is a sufficient answer to the bill, so far as it attempts to obtain compensation for the breach of the contract in lieu of the specific performance of it. The bill does not allege that the defendant has received anything from the plaintiff as the consideration of his promise, and therefore it alleges no cause of action in equity or at law to recover money paid or property conveyed upon a consideration which has failed. The fraud alleged is nothing more than the refusal of the defendant to perform his promise.
JR. B. Qaverly J. L. Hunt, for the plaintiff. Gc. H. Stevens A. 6r. Lamson, for the defendant.
Bill dismissed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.