Coburn v. Litchfield
Massachusetts Supreme Judicial Court
Contract for breach of the covenant against incumbrances in a deed of three lots of land from the defendant to the plaintiff, the alleged incumbrance being an assessment upon the land for the cost of constructing a sewer. At the trial in the Superior Court, before Gardner, J., without a jury, the defendant asked for a ruling that, if the plaintiff was entitled to recover, he was entitled to recover nominal damages only.
Read the full summary
Contract for breach of the covenant against incumbrances in a deed of three lots of land from the defendant to the plaintiff, the alleged incumbrance being an assessment upon the land for the cost of constructing a sewer. At the trial in the Superior Court, before Gardner, J., without a jury, the defendant asked for a ruling that, if the plaintiff was entitled to recover, he was entitled to recover nominal damages only. The judge refused so to rule; found that the reasonable expenses paid by the plaintiff to remove the incumbrance upon the land were $81.42, being less than the value of the…
1Opinion of the CourtMorton, C. J.
It was decided in Carr v. Dooley, 119 Mass. 294, that the liability of land to an assessment for the'expenses of building a sewer was an incumbrance upon the land from the time of the order for the construction of the sewer, and a breach of the covenants against incumbrances in a deed which was delivered before the assessment was laid but after the order was passed.
It follows, and is admitted by the defendant, that the plaintiff is entitled to maintain this action. But the defendant contends that the plaintiff is entitled to nominal damages only. He argues that the assessment laid upon the…
2Cases cited1 opinion
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
3Cited by14 opinions
- Hester v. Collector of TaxesMassachusetts Supreme Judicial Court · 1914
- Foley v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Johnson v. BriceWisconsin Supreme Court · 1899
- McFarlane v. FoleyIndiana Court of Appeals · 1901
- Maloy v. HollMassachusetts Supreme Judicial Court · 1906
9 more not listed; retrieve them via the Exa API.