Progressive Iron Works Realty Corp. v. Eastern Milling Co.

On appeal from the decree of a single justice sitting in equity. On August 16, 1955 Progressive Iron Works Realty Corporation made a written agreement with the defendant Eastern Milling Company to sell certain industrial property for which the defendant was to pay $20,000. The plaintiff seasonably tendered a warranty deed, whereupon the defendant questioned the plaintiff’s title. The alleged flaw stemmed from the fact that the deed by which Progressive acquired title from its grantor was recorded about two hours before the recording of Progressive’s certificate of incorporation. After…