Close v. Martin
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 4, 1909, seeking the specific performance of an agreement in writing by the defendant to purchase land from the plaintiff, the agreement stating that conveyance was to be made “on or before September 30, 1909, by a good and sufficient quitclaim deed of . . . [the plaintiff,] . . . conveying a good and clear title to the same free from all incumbrances, except restrictions of record, if any now in force and applicable,…
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Bill in equity, filed in the Superior Court on October 4, 1909, seeking the specific performance of an agreement in writing by the defendant to purchase land from the plaintiff, the agreement stating that conveyance was to be made “on or before September 30, 1909, by a good and sufficient quitclaim deed of . . . [the plaintiff,] . . . conveying a good and clear title to the same free from all incumbrances, except restrictions of record, if any now in force and applicable, and taxes assessed as of May 1, 1909.” In the Superior Court the case was heard by Fessenden, J. A commissioner was…
1Opinion of the CourtLoring, J.
There is nothing in this appeal beyond the application of well settled principles of law to the particular facts of this case.
The plaintiff and defendant entered into a written contract by which the plaintiff agreed to sell and the defendant to buy a parcel of land therein described. The papers were to be passed in the registry of deeds at noon on September 30, 1909, “ unless the parties hereto agree in writing to some other time and place.” The plaintiff’s attorney with the knowledge and consent of the plaintiff was employed by the defendant to examine the title, and the defendant knew that…
2Cases cited4 opinions
- Bartlett v. StanchfieldMassachusetts Supreme Judicial Court · 1889
- First African Methodist Episcopal Society v. BrownMassachusetts Supreme Judicial Court · 1888
- Goodhue v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1900
- Martin v. HamlinMassachusetts Supreme Judicial Court · 1900
3Cited by8 opinions
- Morse v. StoberMassachusetts Supreme Judicial Court · 1919
- Olszewski v. SardynskiMassachusetts Supreme Judicial Court · 1944
- M. DeMatteo Construction Co. v. DaggettMassachusetts Supreme Judicial Court · 1960
- Mishara v. AlbionMassachusetts Supreme Judicial Court · 1961
- Blair v. National Reserve InsuranceMassachusetts Supreme Judicial Court · 1935
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