Hastings v. Gay

The plaintiff (buyer) obtained a judgment in the Superior Court ordering the defendants (sellers) to convey to him good and clear record and marketable title to a residential property located at 89 North Street in Hingham (property) in accordance with the May 13, 1997, purchase and sale agreement *158between the parties. On appeal, the sellers claim that they should have been excused from performing their obligations under the agreement because the agreement stated that it would be void in the event that the sellers were unable to convey a good and clear record and marketable title to the…