President & Fellows of Harvard College v. Weld
Massachusetts Supreme Judicial Court
Contract for the breach of a written agreement, executed on November 12, 1892, by the terms of which the plaintiff agreed to sell and convey to the defendant, “ by a good and sufficient title,” a certain tract of land in Dedham, “formerly belonging to Benjamin Bussey,” and the defendant agreed “ to take the same, and to pay therefor ” a certain sum, “ provided a good title can be conveyed.”
Read the full summary
Contract for the breach of a written agreement, executed on November 12, 1892, by the terms of which the plaintiff agreed to sell and convey to the defendant, “ by a good and sufficient title,” a certain tract of land in Dedham, “formerly belonging to Benjamin Bussey,” and the defendant agreed “ to take the same, and to pay therefor ” a certain sum, “ provided a good title can be conveyed.” The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. A deed of the land was duly tendered by the…
1Opinion of the CourtHolmes, J.
The direction in Mr. Bussey’s will that certain real estate, including that in question, “ be not sold or alienated, but reserved for the purposes of this will,” is inserted in the midst of the provisions for his family and for annuitants, which are to be made or secured before the final transfer to Harvard College. It is surrounded by other directions addressed in terms to the trustees who hold only until that transfer. The reason expressed for the direction is the testator’s opinion that such real estate is the safest property from which “ to raise a permanent fund for the accomplishment of…
2Cases cited1 opinion
- Boston Safe Deposit & Trust Co. v. MixterMassachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- Popp v. MungerSupreme Court of Oklahoma · 1928
- Schloendorn v. SchmidtCourt of Appeals of Maryland · 1911
- Robinson v. RobinsonSupreme Judicial Court of Maine · 1908
- In Re CurtisSupreme Court of Rhode Island · 1905