Kares v. Covell
Massachusetts Supreme Judicial Court
Contract for $510 paid to the defendant upon a bond to convey certain land on Acushnet Avenue in New Bedford to one Anderly, assigned by Anderly’s administrator to the plaintiff. Writ dated June 13, 1900. In the Superior Court the case was heard upon agreed facts by Lawton, J., without a jury.
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Contract for $510 paid to the defendant upon a bond to convey certain land on Acushnet Avenue in New Bedford to one Anderly, assigned by Anderly’s administrator to the plaintiff. Writ dated June 13, 1900. In the Superior Court the case was heard upon agreed facts by Lawton, J., without a jury. The bond was dated April 27, 1896. The preamble and condition were as follows: “ The condition of this obligation is such, that 'whereas the said obligor has agreed to sell and convey unto the said obligee a certain parcel of real estate, situated in New Bedford and bounded as follows, namely,…
1Opinion of the CourtHammond, J.
The lot of land called for by the bond contained nearly twenty-seven square rods, and the title was to be free from all incumbrances. By reason of the taking of nearly one fourth of it for highway purposes, between the time of the execution of the bond and the time for the delivery of the deed, the trial judge found that it was impossible for the defendant substantially to perform his contract, and that it did not appear *208that this condition of things was in any way caused by the plaintiff.
No part of the money was paid for any specific part of the land, but the whole price was paid for the…
2Cases cited1 opinion
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
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