Johnson v. Whiton
Massachusetts Supreme Judicial Court
Contract, to recover a deposit paid under an agreement to-purchase land, which provided that in case the title was defect ive the vendor should refund the deposit. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, the material portions of which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action to recover a deposit paid under an agreement to purchase land. The land in question passed under the seventh clause of the will of Royal Whiton to his five grandchildren, and a deed executed by them was tendered to the plaintiff, but was refused on the ground that one of the grandchildren, Sarah A. Whiton, could not convey a fee simple absolute, and this action is brought to try the question. The clause of the will referred to is as follows: “ After the decease of all my children, I give, devise, and bequeath to my granddaughter, Sarah A. Whiton, and her heirs on her…
2Cases cited1 opinion
- Coombs v. AndersonMassachusetts Supreme Judicial Court · 1885
3Cited by5 opinions
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- Smith v. RiceMassachusetts Supreme Judicial Court · 1903
- Cassidy v. TruscottMassachusetts Supreme Judicial Court · 1934
- Hall v. George W. Hall's EstateSupreme Court of Vermont · 1911