Pearlstein v. Novitch
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 27, 1919, by Olga Pearlstein and Sadie Pearlstein against Rose Novitch and Jacob Novitch, and afterwards amended by the filing of a substitute bill, for specific performance of an agreement to convey real estate in Revere.
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Bill in equity, filed in the Superior Court on June 27, 1919, by Olga Pearlstein and Sadie Pearlstein against Rose Novitch and Jacob Novitch, and afterwards amended by the filing of a substitute bill, for specific performance of an agreement to convey real estate in Revere. The suit was heard by Lawton, J. The evidence, which was reported by a commissioner appointed under Equity Rule 35, and material portions of the pleadings and the findings of the judge are described in the opinion. By order of the judge a decree was entered for the plaintiffs; and the defendants appealed. The case was…
1Opinion of the CourtCrosby, J.
This is a bill in equity for specific performance of a contract made by a husband and wife to convey her separate property. The alleged agreement is contained in a written instrument as follows:
“Revere, Mass., May 10, 1919.
Received of Sadie Pearlstein Fifty ($50.00) dollars as deposit on premises No. 40 and 42 on Dehon St., Revere, Mass. Purchase price to be $12,500. Papers to be passed on or before May 27, 1919.
Olga Pearlstein [Signed] Sadie Pearlstein
Jacob Novitch Rose Novitch.”
The case was heard by a judge of the Superior Court who found that the agreement “sufficiently identifies the…
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