Walsh v. Hennessy

On August 23, 1941, when the plaintiff was constructing a building on his own land, he entered into a written agreement with the defendant for the sale of the building and land to the defendant, upon completion of the" building, subject to a mortgage for $5,700 held by the Merchants Co-operative Bank (the other defendant), the taxes for 1941, and betterment assessments not to exceed $300. The consideration was to be $400, payable upon the completion and transfer of the house. A few days later, in consideration of a present conveyance of the land and building to the defendant, the defendant…