McNamara v. MacCormac

Plaintiffs were ordered to pay the defendants $5000 as liquidated damages under a contract to purchase real estate. Plaintiffs appealed this verdict claiming that there was impossibility of performance, that a disputed boundary line was a cloud on the title, that there were encumbrances on the title, and that descriptions of the premises were inadequate. All of these contentions were rejected by the trial court in a detailed and comprehensive opinion by Keller, C. J., who transferred the plaintiffs’ exceptions.

After the case was docketed in this court, plaintiffs requested and received…