Martin v. Hamlin
Massachusetts Supreme Judicial Court
Bill in equity for the specific performance of a written agreement, by which the parties undertook to exchange certain parcels of real estate, the plaintiff’s being known as the “ Hotel Alexandra ” in Boston. At the trial in the Superior Court, before Gasldll, J., the defendants requested a ruling that they were not required to take the offered title ; but the court ruled otherwise; and ordered a decree requiring specific performance of the contract.
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Bill in equity for the specific performance of a written agreement, by which the parties undertook to exchange certain parcels of real estate, the plaintiff’s being known as the “ Hotel Alexandra ” in Boston. At the trial in the Superior Court, before Gasldll, J., the defendants requested a ruling that they were not required to take the offered title ; but the court ruled otherwise; and ordered a decree requiring specific performance of the contract. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
Upon the facts appearing in the bill of exceptions the defendants requested the court to rule that they were not required to take the offered title, but the court ruled otherwise. This was in effect a ruling of law that they were required to take the title.
Both parties concede that a mere possibility or suspicion of a defect in title will not prevent the ordering of specific performance, and that it will not be enforced when there is a fairly reasonable doubt as to the title. See Hayes v. Harmony Grove *181Cemetery, 108 Mass. 400 ; Cushing v. Spalding, 164 Mass. 287 ; Chauncey v. Leominster, 172…
2Cases cited8 opinions
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Hayes v. Harmony Grove CemeteryMassachusetts Supreme Judicial Court · 1871
- Hood v. AdamsMassachusetts Supreme Judicial Court · 1878
- Thompson v. HeywoodMassachusetts Supreme Judicial Court · 1880
- Fenton v. TorreyMassachusetts Supreme Judicial Court · 1882
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3Cited by5 opinions
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Foster, Hall & Adams Co. v. SaylesMassachusetts Supreme Judicial Court · 1913
- Levey v. HigginsonMassachusetts Supreme Judicial Court · 1929
- Close v. MartinMassachusetts Supreme Judicial Court · 1911
- Elkind v. PinkertonMassachusetts Supreme Judicial Court · 1936