Massachusetts Supreme Judicial Court March 25, 1885 (Lowe v. Harwood)

Holmes, J.

The defendant’s conveyance of his land and chattels to a third person, when the plaintiff was in no default, was sufficient to constitute an actionable breach of contract, although the plaintiff had made no tender. Newcomb v. Brackett, 16 Mass. 161. Buttrick v. Holden, 8 Cush. 233. See also Farrington v. Hodgdon, 119 Mass. 453, 458.