Farris v. Hershfield

According to the record, this action is now prosecuted to recover for alleged “breach of warranty against encumbrances” in a quitclaim deed (see G. L. pTer. EdJ c. 183, § 11) given by the defendant to the plaintiff and his wife under date of October 18, 1946, conveying premises in Lawrence upon which was a store. The trial judge found for the plaintiff, and the Appellate Division dismissed the report.

The alleged encumbrance was embodied in a paper or “memorandum,” previously given by the defendant to one Hornsey and reading as follows: “This is to certify that the rent at 294 Lawrence Street…