Kaplan v. Birger

Summary judgment was erroneously granted in favor of the plaintiff, who sought the return of a deposit under a purchase and sale agreement on the ground that the sellers (defendants) were unable to “convey a good and clear record and marketable title [to “[s]aid premises”], free from encumbrances,” as required by the agreement. The plaintiff claims that the premises to be conveyed are “subject to a Taking by the City of Newton of easement for laying and maintaining main drain and common sewer through Baldpate Hill Road” and also subject to “an easement... [taken by the city of Newton] with…