Trabucco v. Nelson

This is an action for specific performance of an agreement to sell the defendants’ home in Peabody. The case was referred to a master, who submitted a report. We summarize the facts found by the master which are material.

On July 30, 1976, the plaintiffs entered into an agreement with the defendants to purchase the defendants’ home in Peabody. The plaintiffs paid a deposit toward the purchase of the home. Under the purchase and sale agreement the property was to be conveyed free from encumbrances. Section 10 of the agreement provided, in part: “If the Seller shall be unable to give title or to…