Legal Opinion

Swartz v. Sher

Massachusetts Supreme Judicial Court

Decided June 29, 1962PublishedCited by 20 opinions

1Opinion of the CourtCutter, J.

This is an action of contract, brought in the Municipal Court of the City of Boston, to recover a $500 deposit under an agreement for the sale of land in Sharon. The vendor (Sher) was to convey to the buyer (Swartz) “a good and clear record and marketable title.’’ When the agreement was made, the real estate stood in the name of one Jacobson who “acquired the premises . . . [by] deed dated June 30,1958, from George L. Harwood and Edward M. Anderson, [t]rustees under a [d] eclaration of [t]rust known as the Harwood Realty Trust. ’ ’ The declaration of trust was recorded in the Norfolk County…

2Cases cited18 opinions

  1. Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
  2. State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
  3. Pope & Cottle Co. v. Fairbanks Realty TrustCourt of Appeals for the First Circuit · 1941
  4. First African Methodist Episcopal Society v. BrownMassachusetts Supreme Judicial Court · 1888
  5. Kaufman v. Federal National BankMassachusetts Supreme Judicial Court · 1934

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3Cited by20 opinions

  1. Northstar Financial Advisors Inc. v. Schwab InvestmentsCourt of Appeals for the Ninth Circuit · 2015
  2. Halebian v. BervMassachusetts Supreme Judicial Court · 2010
  3. In Re Village Green Realty TrustUnited States Bankruptcy Court, D. Massachusetts · 1990
  4. Webb v. Internal Revenue Service of the United StatesCourt of Appeals for the First Circuit · 1994
  5. Department of Public Health v. Cumberland Cattle Co.Massachusetts Supreme Judicial Court · 1972

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