Burk v. Schreiber
Massachusetts Supreme Judicial Court
Coetract for a deposit of $150 paid by the plaintiffs to the defendant under a contract for the sale and conveyance of certain real estate by the defendant to the plaintiffs on payment of $850, the balance of the purchase money, within ten days. Writ in the Municipal Court of the City of Boston dated May 8, 1900. On appeal to the Superior Court the case was tried before SopTdns, J., who ordered a verdict for the plaintiffs.
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Coetract for a deposit of $150 paid by the plaintiffs to the defendant under a contract for the sale and conveyance of certain real estate by the defendant to the plaintiffs on payment of $850, the balance of the purchase money, within ten days. Writ in the Municipal Court of the City of Boston dated May 8, 1900. On appeal to the Superior Court the case was tried before SopTdns, J., who ordered a verdict for the plaintiffs. It was understood, that, in accordance with a request of the defendant, the judge was to have reported the case for determination by this court. After the death of…
1Opinion of the CourtKnowlton, C. J.
There is no dispute that, by the terms of her contract, the defendant was bound to give the plaintiffs a *36deed which would convey a good title. The time for the delivery of the deed and the payment of the balance of the price was extended three times, for a period of twelve days in all, and on the last day appointed it appeared that there was an attachment upon the property which was outstanding and undischarged. The defendant’s attorney submitted a paper of recent date which purported to release the attachment, signed by the attorney of record of the attaching creditor. The attaching creditor…
2Cases cited4 opinions
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Pickman v. Trinity ChurchMassachusetts Supreme Judicial Court · 1877
- Gormley v. KyleMassachusetts Supreme Judicial Court · 1884
- Callaghan v. O'BrienMassachusetts Supreme Judicial Court · 1884
3Cited by19 opinions
- Leigh v. RuleMassachusetts Supreme Judicial Court · 1954
- Rosenthal v. SchwartzMassachusetts Supreme Judicial Court · 1913
- Marshall v. GilsterIdaho Supreme Court · 1921
- Ratshesky v. PiscopoMassachusetts Supreme Judicial Court · 1921
- Wenz v. PasteneMassachusetts Supreme Judicial Court · 1911
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