Simanovich v. Wood

This is an action of contract on a covenant against incumbrances in a deed from the defendant to the plaintiff. It is admitted that an unpaid assessment upon the land was an incumbrance within the covenant. Carr v. Dooley, 119 Mass. 294. The defendant offered to prove, by paroi testimony, that, at the time the deed was given, and as a part of the consideration, the plaintiff promised to pay said assessment.

This evidence was rightly rejected. It directly varied and contradicted the written contract of the defendant. The covenant is against all incumbrances. The evidence offered was for the…