Powers, Inc. v. Wayside, Inc. of Falmouth

This is an appeal from a decree granting to the plaintiff Powers, Inc. (Powers), specific performance of certain provisions of a written agreement made between it and the defendant The Wayside, Inc. of Falmouth (Wayside).

We summarize the facts found in the confirmed report of the master. On December 24, 1958, Wayside conveyed to Powers by quitclaim deed certain premises in Falmouth which were operated as a summer restaurant with an alcoholic beverage license.

The purchase price was $25,000 paid in the form of (a)-$8,000 in cash, (b) $3,798.77 by the assumption of the balance due on a first…