(DOWNLOAD) "Rizkalla v. Abusamra" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Rizkalla v. Abusamra
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 28, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
CROSBY, Justice. This is an action of contract in which the plaintiff seeks to recover $2,000 and interest on an alleged accounting between the defendant and the plaintiff's assignor, one Elias Ghiz. The declaration is upon an account annexed (A), which sets forth 'Sum agreed upon after accounting' $2,000, interest $280, making a total of $2,280. The answer was a general denial and payment. An amended answer pleaded the statute of frauds G. L. (Ter. Ed.) c. 106, § 6, and G. L. (Ter. Ed.) c. 259, § 1, as a defence. At a trial there was evidence tending to show that Ghiz, the assignor of the plaintiff, and the defendant had dealings before September 9, 1931; that as a result thereof there was a dispute as to whether anything was owed by the defendant to Ghiz; that on or about September 9, 1931, the defendant and Ghiz met at an attorney's office and after Discussion the defendant orally agreed, in settlement, to assign to Ghiz a certain mortgage upon which there was a balance of $1,400, and to deliver to Ghiz the defendant's note with the sum of $600 payable in one year; that agreements in writing were to be prepared and executed; that at said meeting the disputed claim was compromised for $2,000 and it was agreed that it be paid as above stated; and that the contract never was carried out. It is agreed by the parties that an assignment from Ghiz to the plaintiff was valid; that no agreement in writing was made in the office of the attorney -- there was only an oral agreement between the parties. The trial Judge found that the defendant by said agreement acknowledged that he owed Ghiz the sum of $2,000 and that no part thereof had been paid by the defendant. At the close of the trial the defendant made seven requests for rulings, all of which the Judge refused to give on the ground that they were not applicable, as the case was 'not * * * an action to enforce the assignment of any mortgage nor to compel the plaintiff to give a note, but * * * [was an action] for money due upon an accounting.' He found for the plaintiff and reported the case to the appellate division.
 "Rizkalla v. Abusamra" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free){kind=link}