Roberts v. Bassett
Massachusetts Supreme Judicial Court
Bill in equity for the specific performance of a contract by which the defendant agreed to purchase, and the plaintiffs to convey to the defendant, his heirs and assigns forever, “ by a good and sufficient deed, conveying a clear title thereto, free from all incumbrances except lease, all that parcel of land situated on the corner of Lynde and Green Streets, in Boston, and owned by th/ vendors or either of them.”
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Bill in equity for the specific performance of a contract by which the defendant agreed to purchase, and the plaintiffs to convey to the defendant, his heirs and assigns forever, “ by a good and sufficient deed, conveying a clear title thereto, free from all incumbrances except lease, all that parcel of land situated on the corner of Lynde and Green Streets, in Boston, and owned by th/ vendors or either of them.” At the hearing, before Colt, J., it appeared that the plaintiffs tendered to the defendant a warranty deed conveying “ all that parcel of land situated on the corner of Lynde Street…
1Opinion of the CourtMorton, J.
By the reasonable construction of the contract between the parties, the defendant is entitled to a deed which shall convey a clear title to the land free from all incumbrances except the existing lease. He agreed to purchase the land, and not merely such estate or interest in it as the plaintiffs had. The words “ and owned by the vendors or either of them ” are merely words of description, intended to identify the parcel of land. *410which is not fully described in the contract. The deed tendered by the plaintiffs would convey only such title as they had, which was a title subject to important…
2Cited by10 opinions
- Ogg v. HermanMontana Supreme Court · 1924
- Olszewski v. SardynskiMassachusetts Supreme Judicial Court · 1944
- Ott v. PickardSupreme Court of Missouri · 1951
- Gantt v. HarperMontana Supreme Court · 1928
- Veselka v. ForresCourt of Appeals of Texas · 1926
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