King v. Connors
| Decision Date | 03 March 1916 |
| Citation | 223 Mass. 305 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | JACOB KING & another v. CHARLES H. CONNORS & others. |
January 26, 1916.
Present: RUGG, C.
J., DE COURCY CROSBY, PIERCE, & CARROLL, JJ.
Supreme Judicial Court. Equity Pleading and Practice, Appeal, Decree.
On an appeal by the defendants from a decree ordering the specific performance of a contract to purchase certain hotel property from the plaintiff, entered by order of a judge of the Superior Court in pursuance of the rescript stating the decision of this court in King v.
Connors, 222 Mass 261 , where the only question presented was whether the decree appealed from conformed to the rescript, it was held that the decree must be construed in the light of the findings of the master confirmed by the decision of this court, and that it was not open to the defendants to discuss any issue thus disposed of.
It appearing in the case mentioned above that the only new matter in the decree was the requirement from the plaintiff of a bond to secure the defendants from any damages they might sustain by reason of the existence of a certain lease, it was held, that this provision, which was inserted in the decree solely for the protection of the defendants, could give them no ground for complaint.
F. J. Lawler, for the defendants.
H. E. Ward, (W.
A. Davenport with him,) for the plaintiffs.
DE COURCY, J. The only question brought before us by the appeal is whether the decree [*] appealed from conforms to the rescript stating the decision of this court in King v Connors, 222 Mass. 261 . Phelps v. Lowell Institution for Savings, 214 Mass. 560 . The defendants have not sought leave to open the case for a new trial by reason of matters which have arisen since the decision of the issues raised by the pleadings; and no such alleged facts can be considered on this appeal. The decree must be construed in the light of the facts as found by the master, and confirmed by this court. Attorney General v. New York, New Haven, & Hartford Railroad, 201 Mass. 370 .
The complaint of the defendants is that the decree compels them to accept a title which is subject to "the possibility of a part of said premises being subject to lease referred to in Supreme Court opinion." Their brief is mainly a reargument of one of the main issues already tried and decided adversely to their contention. The opinion, based on findings of the master, which...
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E. Kronman, Inc. v. Bunn Bros., Inc.
...possession, and awarding damages as to the rest. C. W. Hunt Co. v. Boston Elevated Railway, 217 Mass. 319, 104 N. E. 728;King v. Connors, 223 Mass. 305, 111 N. E. 848. The questions which were or might have been raised by the defendant on the former appeal if not then argued were waived. Th......
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Crowley v. Holdsworth
...for Savings, 214 Mass. 560, 561, 101 N. E. 1065;City of Boston, In re, 223 Mass. 36, 111 N. E. 412, and cases cited. King v. Connors, 223 Mass. 305, 111 N. E. 848.Edgecomb v. Edmonston, 258 Mass. 568, 569, 570, 155 N. E. 599.Bourbeau v. Whittaker, (Mass.) 164 N. E. 453. The claims of the pl......
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Gamwell v. Blgley
...to the facts in the case. Hanscom v. Malden & Melrose Gas Light Co., 220 Mass. 1, 9, 107 N. E. 426, Ann. Cas. 1917A, 145;King v. Connors, 223 Mass. 305, 111 N. E. 848;Pickard v. Clancy, 225 Mass. 89, 95, 113 N. E. 838;Donohue v. White, 247 Mass. 479, 482, 142 N. E. 692. The master's report ......
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Crowley v. Holdsworth
... ... 370 , 371. Phelps v. Lowell ... Institution for Savings, 214 Mass. 560 , 561. Boston, ... petitioner, 223 Mass. 36 , and cases cited. King v ... Connors, 223 Mass. 305 ... Edgecomb v. Edmonston, ... 258 Mass. 568 , 569, 570. Bourbeau v. Whittaker, 265 ... Mass. 396 , 398. The claims of ... ...