Sunday, April 28, 2013

Baseball Publishing Co. v. Bruton case brief

Baseball Publishing Co. v. Bruton case brief summary
18 N.E.2d 362

CASE SYNOPSIS: Defendant appealed from a judgment of the Suffolk Superior Court (Massachusetts) entering a decree of specific performance for plaintiff in an action for enforcement of an agreement for placement of an advertisement sign on defendant's building.

FACTS: Plaintiff was engaged in the business of controlling locations for billboards and signs and contracting with advertisers for the exhibition of their placards and posters. Defendant gave plaintiff a writing signed but not sealed by defendant whereby for consideration defendant agreed to give plaintiff the exclusive right to maintain a sign on a building owned by defendant. It was provided that all signs placed on the premises remained the personal property of plaintiff. The writing was headed as a lease. Plaintiff accepted by sending defendant a check in the amount of the agreed consideration. Defendant returned the check. Plaintiff erected the contemplated sign. Defendant caused the sign to be removed. Plaintiff brought a bill for specific performance, contending the writing was a lease. The trial judge entered a final decree for specific performance for plaintiff.

The supreme judicial court affirmed holding an easement in equity was created.

CONCLUSION: Judgment affirmed; trial court did not err in awarding specific performance even though the agreement was not under seal because equity created an easement on the part of plaintiff.

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