Noyes v. Johnson
Massachusetts Supreme Judicial Court
Bill in equity, filed April 21, 1884, for the specific performance of an agreement to purchase land, the terms and conditions of the sale, so far as now material to the case, being as follows: “Ten days given to examine title, and if, upon examination of the records, it shall appear that any material act or thing is necessary to be done or performed, in order to perfect the title to said premises, which the seller is unable to do or perform, within a reasonable time, not…
Read the full summary
Bill in equity, filed April 21, 1884, for the specific performance of an agreement to purchase land, the terms and conditions of the sale, so far as now material to the case, being as follows: “Ten days given to examine title, and if, upon examination of the records, it shall appear that any material act or thing is necessary to be done or performed, in order to perfect the title to said premises, which the seller is unable to do or perform, within a reasonable time, not exceeding sixty days from, date hereof, then the sale to be void at the option of either party.” The case was heard, and…
1Opinion of the CourtC. Allen, J.
By the terms and conditions of the sale, it was implied that the purchaser should have a good title by record. No purchaser could rea'onably be held to expect, from these terms and conditions, that a title by adverse possession, depending upon a long and difficult investigation of facts, would be offered to him. The title may be good; but a purchaser under such terms and conditions ought not to be held bound to accept it, and assume the burden of defending it against all comers. Butts v. Andrews, 136 Mass. 221. Bill dismissed.
2Cases cited1 opinion
- Butts v. AndrewsMassachusetts Supreme Judicial Court · 1884
3Cited by15 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Ogooshevitz v. ArnoldMichigan Supreme Court · 1917
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Campbell v. HarshSupreme Court of Oklahoma · 1912
- Conley v. FinnMassachusetts Supreme Judicial Court · 1898
10 more not listed; retrieve them via the Exa API.