Butts v. Andrews
Massachusetts Supreme Judicial Court
Bill in equity, for the specific performance of an agreement to purchase land. The bill, which was filed July 19, 1883, alleged that, on May 16, 1883, the parties entered into an agreement in writing, by the terms of which the plaintiff agreed to sell, and the defendant agreed to buy, a certain parcel of land in Milford, for the sum of $2500, the premises to be conveyed on or before May 22, 1883, by a good and sufficient warranty deed, conveying a good and clear title to the…
Read the full summary
Bill in equity, for the specific performance of an agreement to purchase land. The bill, which was filed July 19, 1883, alleged that, on May 16, 1883, the parties entered into an agreement in writing, by the terms of which the plaintiff agreed to sell, and the defendant agreed to buy, a certain parcel of land in Milford, for the sum of $2500, the premises to be conveyed on or before May 22, 1883, by a good and sufficient warranty deed, conveying a good and clear title to the same, free from 'all incumbrances; that the plaintiff was seised in fee simple of said premises by devise under the…
1Opinion of the CourtC. Allen, J.
The plaintiff’s title depends on the construction to be given to the peculiar phraseology of the will; and even if we were inclined to the opinion that he took an estate in fee, still the title is not so clear that the defendant ought to be specifically compelled to accept it, and thus to assume the risk of subsequent litigation with persons not now before the court. The case falls within the decision in Cunningham v. Blake, 121 Mass. 333. See also Jeffries v. Jeffries, 117 Mass. 184; Hayes v. Harmony Grove Cemetery, 108 Mass. 400; Pyrke v. Waddingham, 10 Hare, 1; 1 Story Eq. Jur. § 749.
Bill…
2Cases cited3 opinions
- Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
- Hayes v. Harmony Grove CemeteryMassachusetts Supreme Judicial Court · 1871
- Cunningham v. BlakeMassachusetts Supreme Judicial Court · 1876
3Cited by12 opinions
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Chesman v. CummingsMassachusetts Supreme Judicial Court · 1886
- Noyes v. JohnsonMassachusetts Supreme Judicial Court · 1885
- Griffith v. MaxfieldSupreme Court of Arkansas · 1897
- Hunting v. DamonMassachusetts Supreme Judicial Court · 1894
7 more not listed; retrieve them via the Exa API.