McCarthy v. Mills

The defendants (the owners) on April 11, 1984, were the record owners of condominium unit #2,18 Monument Square (the locus), a Charlestown building then about 130 years old. The Seusses (see n.l), husband and wife, owned and lived in unit #3 (third and fourth floors). Mills and his wife owned and lived in unit #1 (ground and first floors).2

*224The owners retained a broker to list unit #2 for sale. Joseph Gannon of the brokerage firm told the owners that, for them to sell unit #2, they would have to build a second means of egress from that unit.

The plaintiff, Marian M. McCarthy (the buyer), began…