Smith v. MacAlister

Following our earlier rescript in this case (see 1 Mass. App. Ct. 22 [1972]), the defendant Storrie (formerly Stoddard) disclaimed any interest in lots 76, 77 and 78 and filed a written waiver to that effect. The judge then (February 28, 1974) entered decrees dismissing the suit as to her and ordering specific performance for the plaintiff upon the terms outlined in the rescript. The plaintiff again *799appeals. Given the facts that the encroaching porch no longer exists and that Storrie disclaimed any rights in the subject lots, dismissal as to her was a proper method of disposing of that aspect…