(DOWNLOAD) "Nickerson v. President and Fellows Harvard" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free

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Title: Nickerson v. President and Fellows Harvard
Author : Supreme Judicial Court of Massachusetts
Release Date : January 30, 1937
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

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LUMMUS, Justice. G.L.(Ter.Ed.) c. 259, § 1, so far as material to this case, reads: 'No action shall be brought:
* * * Fifth, Upon an agreement that is not to be performed within one year from the making thereof; Unless the promise, contract
or agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party
to be charged therewith or by some person thereunto by him lawfully authorized.' This is substantially the fifth clause of
section 4 of the original English statute of frauds, 29 Car. II, c. 3. The method of computing time under words like those of the statute, is firmly established in this Commonwealth. The 'making'
of an agreement means, for the purpose of computing time, the day on which the agreement is made. The law reckons in days,
not commonly in fractions of days; and an agreement made at six o'clock in the morning stands on the same footing with one
made at eleven o'clock in the evening. The words 'from the making' of the agreement exclude the day on which it is made.
The year begins with the following day, and ends at the close of the first anniversary of the day on which the agreement is
made. Bemis v. Leonard, 118 Mass. 502, 19 Am.Rep. 470; Stevenson v. Donnelly, 221 Mass. 161, 164, 108 N.E. 926, Ann.Cas.1917E,
932; Laine v. Aarnio, 265 Mass. 374, 375, 164 N.E. 238; In re Marcellino, petitioner, 271 Mass. 323, 171 N.E. 81; Sweeney
v. Morey & Co., Inc., 279 Mass. 495, 502, 503, 181 N.E. 782; Corey v. National Ben Franklin Fire Ins. Co., 284 Mass.
283, 286, 187 N.E. 542; In re Opinion of the Justices (Mass.) 196 N.E. 260; Burnet v. Willingham Loan & Trust Co., 282
U.S. 437, 51 S.Ct. 185, 75 L.Ed. 448.