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Essay / Research Paper Abstract
A 5 page paper that summarizes and analyzes the case of Hayes v. Jackson (1893). The writer discusses the facts of the case, procedural history, question before the court, holding, rational for the holding, disposition and dissenting opinion. No bibliography is offered.
Page Count:
5 pages (~225 words per page)
File: D0_khhayvj.rtf
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Unformatted sample text from the term paper:
Jackson, a real estate agent, accepted from Albert H. Hayes the sum of one hundred dollars as a down payment on the sum of $14,140 in order to purchase a
property at 379 Columbus Avenue, Boston. The memorandum signed by Jackson also indicates that this sale included the assumption of an $8,000 mortgage with 4.5 percent interest and the payment
of a commission to James C. Tucker (Hayes v. Jackson). The parties agree that the "assumption of the $8,000 was part of the consideration...and went to make up the sum
of $14,140 mentioned" (Hayes v. Jackson). Procedural history The judge in the lower court found for the plaintiff. Question before the court The question before the court concerned
whether the "memorandum was sufficient to satisfy the statue of frauds. Pub.St. c. 78..." (Hayes v. Jackson). In other words, did the memorandum of sale include sufficient detail on the
sale in question to meet the requirements of law. Holding The ruling of the lower court was upheld. Rationale for the holding Justice Holmes, writing the opinion for
the majority, feels that the memorandum of sale for this property, on "the face of it," discloses "no defect" (Hayes v. Jackson). The defendant disputed that the memorandum accurately
represents the fact of the sale, but Holmes argues that it is not the place of the court to consider this question. He bases this position on the fact that
the law does not require that the "consideration of such promise, contract, or agreement" should necessarily have to express in writing the precise details of a sale, but simply that
a sale occurred. Because the memorandum fit the letter of the law as it was then written, the majority ruled that the verdict of the lower court should not be
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