Loring v. Whitney
Massachusetts Supreme Judicial Court
Bill in equity, filed April 7, 1896, for the specific performance of a written agreement to purchase an estate, “ conveyance to be made by a good and sufficient quitclaim deed giving clear title and free from all encumbrances, . . . title to be good or sale void.” Hearing before Allen, J., who reported the case for the determination of the full court. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
In some cases, although there may be a remote chance that a title may be exposed to litigation and finally held to be imperfect, yet the risk may be found to be so small that a purchaser will be held to accept it. Cushing v. Spalding, 164 Mass. 287. Hayes v. Harmony Grove Cemetery, 108 Mass. 400. In other cases, if a reasonable doubt exists as to the validity of the title, or if there is a chance of litigation, although somewhat remote, it is held that the purchaser ought not to be compelled to take the risk. Daniell v. Shaw, 166 Mass. 582. Hunting v. Ramon, 160 Mass. 441. The present case…
2Cases cited8 opinions
- Adams v. AdamsSupreme Court of the United States · 1874
- Taylor v. ButtrickMassachusetts Supreme Judicial Court · 1896
- Hayes v. Harmony Grove CemeteryMassachusetts Supreme Judicial Court · 1871
- Keyes v. CarletonMassachusetts Supreme Judicial Court · 1886
- Barnes v. BarnesMassachusetts Supreme Judicial Court · 1894
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3Cited by9 opinions
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Loring v. HildrethMassachusetts Supreme Judicial Court · 1898
- Olszewski v. SardynskiMassachusetts Supreme Judicial Court · 1944
- Cashman v. BeanMassachusetts Supreme Judicial Court · 1917
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