Edwards v. Bruorton
Massachusetts Supreme Judicial Court
Contract for alleged breach of the covenants in a deed, conveying two parcels of land on or near Audubon Road in the city of Boston. Writ dated April 15, 1903. In the Superior Court the case was heard by Mason, C. J., without a jury. He refused the defendant’s requests for rulings, and found for the plaintiff in the sum of $14,500. The defendant alleged exceptions, raising the questions stated by the court.
1Opinion of the CourtKnowlton, C. J.
This is an action of contract for breach of a covenant in a deed. A public street called Jersey Street was laid out by the street commissioners of Boston, over a part *530of the premises, under the authority of St. 1891, c. 323, and the St. 1892, c. 418, and other amendatory acts, and the existence of this street constitutes a breach of the covenant in the deed if the statute gave the board authority to lay it out. It is contended that the statute is unconstitutional in two particulars, first, that it purports to authorize an assessment of the whole cost of construction as a betterment tax upon…
2Cases cited21 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Loeb v. Columbia Township TrusteesSupreme Court of the United States · 1900
- Forster v. . ScottNew York Court of Appeals · 1893
- Huntington v. WorthenSupreme Court of the United States · 1887
- People ex rel. Stuckart v. KnopfIllinois Supreme Court · 1900
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3Cited by21 opinions
- Junius Construction Corp. v. CohenNew York Court of Appeals · 1931
- Headley v. City of RochesterNew York Court of Appeals · 1936
- Commonwealth v. HanaMassachusetts Supreme Judicial Court · 1907
- Salisbury Land & Improvement Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1913
- Maher v. CommonwealthMassachusetts Supreme Judicial Court · 1935
16 more not listed; retrieve them via the Exa API.