Bergeron v. Redfern

• Court: Rhode Island Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Bergeron v. Redfern, 108 A. 650 (R.I. 1920)
• Decision Date: 26 January 1920
• Docket Number: No. 459.,459.
• Parties: BERGERON v. REDFERN.

108 A. 650

BERGERON

v. REDFERN.

No. 459.

Supreme Court of Rhode Island.

Jan. 26, 1920.

Appeal from Superior Court, Providence and Bristol Counties; Willard B. Tanner, Presiding Justice.,

Bill in equity by Emile P. Bergeron against James Redfern. Decree for plaintiff, and defendant appeals. Appeal dismissed, decree affirmed, and cause remanded.

Charles H. McKenna and Herbert Almy, both of Providence, for appellant.

Archambault & Archambault, of Providence, for appellee.

PER CURIAM. The original proceeding in this case was by a bill in equity brought by Emile F. Bergeron against James Redfern to compel the specific performance of a written contract to convey a certain parcel of real estate, which contract is in the following form:

"Warren, R. I., July 17, 1015. Sold to Aime Berard one house lot No. 43 on Franklin Park for the sum of.

$125.00

Cr.by cash

75.00

Balance to be paid when deeds are produced.

$50.00

"James Redfern."

Issues of fact were framed and the case was heard in the superior court on bill, answer, and oral testimony. A decree for specific performance of the agreement and assignment thereof dated February 17, 1916, was entered in the superior court, from which decree an appeal was taken to this court, and the cause is now here on this appeal.

From the admissions in the pleadings, and the evidence it appears that the agreement above mentioned was made on said 17th day of July, on which day $75 in cash was paid by Berard to the respondent. Berard took possession of the land in question, erected a building thereon, in which he for a time carried on a laundry business. The business was unsuccessful, and in October of the same year was discontinued by Berard.

On the 17th of February, 1916, Bergeron purchased from Berard all of the latter's right, title, and interest in the land, and the following memorandum of the sale was written and signed by Berard on the back of the original agreement.

"Fall River, Mass., February 17, 1910. "I, Aime Berard, of Fall River, hereby quitclaim all my title, rights, and interests of whatsoever nature in land and buildings situate in Warren, Rhode Island, of which rights the other side hereof is a memorandum, to Emile F. Bergeron, of Fall River, for one dollar and other considerations. I hereby further direct that the said deed to which I am entitled as grantee be directly made to Emile F. Bergeron. I further agree to execute any other paper to transfer my title and interests in the above property. Aime Berard."

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