115 Mass. 413 | Mass. | 1874
In the opinion of a majority of the court, there is no substantial point of difference by which to distinguish this case from Hurley v. Brown, 98 Mass. 545. In that the writing disclosed an agreement for the sale of “ a house and lot of land situated on Amity Street.” There being several such, paroi evidence was admitted to show that there was one only which the defendant had any right to convey, and that the parties had been in treaty for the sale and purchase of it. The court held that the subject matter of the contract might thus be identified; and when so ascertained the writing might be construed to apply to it; and was thus made sufficiently definite and certain for specific enforcement in equity.
In that case, the location of the property in Lynn appeared from the writing. In the present case, the writing bears date at Boston; which might indicate that the property was in Boston. But that is an inference of fact, not conclusive. If it appeared that there was no Church Street in Boston, or that the defendant had no house there, but did own one upon Church Street
The case finds that “ evidence was offered by the plaintiff of the identity of this property, and that the bargain was made between the parties on the premises.” No question is made of the sufficiency of this evidence for the purpose, if it was competent so to connect the writing with its subject matter. The objection is that as the writing does not of itself describe the subject of the sale with any degree of certainty, it is therefore Insufficient as a memorandum under the statute of frauds; and that paroi evidence cannot be resorted to in order to identify the property and relieve the ambiguity.
We think the writing is sufficient to satisfy the statute of frauds; and if, when the facts were shown, the ambiguity disappeared, it was capable of being enforced as a contract.
Exceptions overruled.