12 Mass. 136 | Mass. | 1815
There can be no doubt, that the covenants in the lease were binding upon Weeks, although Fijield, who was intended to be a party to it, never executed it.
As to the second question, whether the defendant is liable on bis promise, which, although in writing, contained no words showing the consideration for which it was given ; it is to be observed, that it has never yet been determined in this Commonwealth, that such particularity is necessary.
[ * 140 ] * The third objection is answered by the verdict of the jury. It surely cannot be pretended that a party, knowing of a formal defect in an instrument, which he undertakes shall be performed by one of the parties, shall take advantage of such informality, as against one who may be ignorant of the defect. If the
Judgment on the verdict.
Cutter vs. Whittemore, 10 Mass. Rep. 442. — Sed vide Bean vs. Parker & al., 17 Mass. Rep. 591.
Quaire, if, after entry and enjoyment under the lease, they were not both liable ? Co. Lit. 231. — Burnett vs. Lynch, 5 B. C. 596. — 8 D. & R. 368 — Eure vs. Strickland, Cro. Jac. 240. — Butt vs. Cumberland, Cro Jac. 399, 521. — 3 Bulst. 163. — 1 Rolle, 359. — 2 ib. 63. — Poph. 136. — Godd. 276. — Wooton vs. Hele, 1 Mad. 291, 292. — 4 Cruise, Dig. 393, 3d ed. — Com. Dig., Con., A.— 1 Vin. Ab., Cond. 1, a. 2. — Dyer, 136, pl. 66. — Locke vs. Wright, 1 Str. 570. — 8 Mod. 40. — 38 Ed. 3, 8. a. — 3 H. 6, 26. —45 Ed. 3, 11, 12. — Staines vs. Morris, 1 Ves. & B 14.— Platt on Cov., p. 18.— Hawkins vs Sherman, 3 Car. P. 462.— Com., Land, Ten. 273.
It has since been held, that it is not necessary that the consideration should be in writing. Packard vs Richardson, 17 Mass. Rep. 122. — Sed vide note to Lent & al. vs. Padelford, 10 Mass. Rep. 237, 3d ed.
Hunt vs. Adams, 5 Mass. Rep. 358. — Carver vs. Warren, 5 Mass Rep. 545.— Bailey vs. Freeman, 11 Johns. 221. — Leonard vs. Vredenburgh, 8 Johns. 29. — Stadt vs. Lill, 9 East, 348. — 1 Camp. 342 — Warrington vs. Thurber, 6 East, 89. — Russell vs. Mosely, 6 Moore, 521. — 3 Br. & Bingh. 21]. — Boehm vs. Campbell, 3 Moore, 15. — Morris vs. Stacey, 1 Holt, N. P. C. 153. — Pace vs Marsh, 1 Bing. 216. — Mosely vs. Boothby, 3 Bing. 106. — Saunders vs. Wakefield, 4 B. A 595. — Stead vs. Lidiard, 8 Moore, 2. — 1 Bingh. 196.
Vide Cutter vs. Whittemore, 10 Mass. Rep. 445.—Johnson vs. Baker, 4 B. & A. 440