Barrett v. Carney

The plaintiff on February 1, 1957, made an oral agreement to purchase certain land of the defendants on Mossdale Road in West Roxbury. On February 6, a written purchase and sale agreement was executed.

This agreement provided that the land was to be “conveyed together with the right to use Mossdale Road . . . for all purposes for which public streets are . . . or may . . . be commonly used in . . . Boston . . . provided, however, that the Grantor . . . may take such actions as may be necessary to cause said Mossdale Road to become a public way . . .The agreement further provided that if the…