McCormick v. Cheevers
Massachusetts Supreme Judicial Court
Contract. The declaration contained two counts. The first count was upon the covenant against incumbrances contained in the defendant’s deed to the plaintiff, delivered June 12, 1874, of a parcel of land in Cambridge; and alleged that the plaintiff had been obliged to pay an assessment for filling in the land, levied by the mayor and aldermen of Cambridge under the St. of 1872, e. 299; and which was a lien on the land when the deed was made.
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Contract. The declaration contained two counts. The first count was upon the covenant against incumbrances contained in the defendant’s deed to the plaintiff, delivered June 12, 1874, of a parcel of land in Cambridge; and alleged that the plaintiff had been obliged to pay an assessment for filling in the land, levied by the mayor and aldermen of Cambridge under the St. of 1872, e. 299; and which was a lien on the land when the deed was made. The second count alleged that the defendant, in consideration of the purchase of the land by the plaintiff, orally promised to pay any assessment that…
1Opinion of the Court
Mortoít, J.
The presiding justice of the Superior Court who tried this case without a jury, found for the plaintiff upon his second count, upon the ground that the defendant at the time the deed was given made an independent agreement to pay any assessments which the mayor and aldermen of Cambridge might lay for the filling of the land conveyed. There was sufficient evidence to justify this finding, and the case cannot be distinguished from Carr v. Dooley, 119 Mass. 294. The several questions raised by the defendant as to the validity and regularity of the proceedings of the city authorities…
2Cases cited1 opinion
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
3Cited by20 opinions
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Graffam v. PierceMassachusetts Supreme Judicial Court · 1887
- Becker v. Lagerquist Bros., Inc.Washington Supreme Court · 1960
- Lipson v. Southgate Park Corp.Massachusetts Supreme Judicial Court · 1963
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