Aroian v. Fairbanks
Massachusetts Supreme Judicial Court
Contract upon an agreement in writing, the material portion of which is hereafter set out. Writ dated April 25, 1912. By the agreement the plaintiffs agreed to purchase and the defendants to sell a farm in Westborough formerly owned by one Lyman N. Fairbanks.
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Contract upon an agreement in writing, the material portion of which is hereafter set out. Writ dated April 25, 1912. By the agreement the plaintiffs agreed to purchase and the defendants to sell a farm in Westborough formerly owned by one Lyman N. Fairbanks. Material portions of the agreement were as follows: "And it is agreed further that if either party fails to keep any of his or her stipulations or agreements herein made, the party shall pay the other party five hundred (500) dollars as liquidated damages therefor; and that if the sale herein contemplated fails of consummation through…
1Opinion of the CourtHammond, J.
The first question is whether the contract called for a good record title. It provided that “if upon examination a defect” should be “found in the title, . . . the time for passing the papers” should be extended so that the defect might be cured unless the parties should otherwise agree.
It plainly appears from this that the. parties contemplated an examination of the title. But what kind of examination? Doubtless an examination should extend to the record, but was it to end there? Nowhere in the contract is the character of the examination limited to the record expressly, nor, as it seems to…
2Cases cited4 opinions
- Murray v. . HarwayNew York Court of Appeals · 1874
- Conley v. FinnMassachusetts Supreme Judicial Court · 1898
- Noyes v. JohnsonMassachusetts Supreme Judicial Court · 1885
- Foster, Hall & Adams Co. v. SaylesMassachusetts Supreme Judicial Court · 1913
3Cited by10 opinions
- Morse v. StoberMassachusetts Supreme Judicial Court · 1919
- O'Meara v. GleasonMassachusetts Supreme Judicial Court · 1923
- Mishara v. AlbionMassachusetts Supreme Judicial Court · 1961
- Sullivan v. F. E. Atteaux & Co.Massachusetts Supreme Judicial Court · 1933
- Cleval v. SullivanMassachusetts Supreme Judicial Court · 1927
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