J. J. Newberry Co. v. Shannon

The plaintiff and defendant on May 28, 1926, signed a contract under seal for the sale by the defendant Robert W. Shannon and purchase by the plaintiff of certain premises, which were to be conveyed, upon the cancellation of all outstanding leases covering the property, “by a good and sufficient deed . . . conveying a good and clear title . . . free from all encumbrances. Said leases are to be can-celled and the property free from all tenants at the time of passing papers which is to be on or before December 1, 1926.” The agreement provided further “If . . . [Shannon] shall be unable to give…