Bennett v. Sheinwald

This is an action of contract for the recovery of damages for an alleged breach of a written agreement, under which the plaintiffs were to sell and the defendant to buy a certain lot of land with buildings thereon situated on Commonwealth Avenue, in Boston. The pertinent provision of the contract is as follows: “The premises are to be conveyed by a sufficient quitclaim deed conveying a clear title thereto free from incumbrances except Commonwealth Avenue restrictions of record and City of Boston taxes assessed as of April 1,1922 . . . At the conclusion of the evidence the trial judge, on…