History
  • No items yet
midpage
Noyes v. Marsh
123 Mass. 286
Mass.
1877
Check Treatment
Gray, C. J.

It would seem that the contract sought to be enforced was void as against public policy, and that the court should dismiss the bill upon that ground. Guernsey v. Cook, 120 Mass. 501. Dunham v. Presby, 120 Mass. 285. But if the con tract is valid, and can be sued on in any form, the bill cannot be maintained, because it does not show that the plaintiff has not an adequate remedy by action at law for the defendants’ refusal to purchase his shares. Thorndike v. Locke, 98 Mass. 340. Jones v. Newhall, 115 Mass. 244. Somerby v. Buntin, 118 Mass. 279, 287. 1 Story Eq. Jur. (12th ed.) §§ 724 <f- seq. A court of equity will not decree specific performance of an agreement to submit a matter to arbitration. Street v. Rigby, 6 Ves. 815. Vickers v. Vickers, L. R. 4 Eq. 529. Tobey v. Bristol, 3 Story, 800. Pearl v. Harris, 121 Mass. 390. Decree affirmed.

Case Details

Case Name: Noyes v. Marsh
Court Name: Massachusetts Supreme Judicial Court
Date Published: Oct 2, 1877
Citation: 123 Mass. 286
Court Abbreviation: Mass.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.