Siegel v. Shaw

The plaintiffs sued to recover their deposit made under an agreement for the purchase of land in Newton. These are the defendant’s exceptions to the direction of a verdict for the plaintiffs. Taking the evidence most favorably for the defendant the issue is this: May a seller who has agreed to convey “a good and clear record and marketable title . . . free from encumbrances” require the buyers to take the premises subject to a public easement for a sewer constructed and in place, of which the buyers, from inspection of the premises, had knowledge at the time the agreement was made, and of…