Durkin v. Ferreira

The plaintiff (Durkin) in August, 1983, entered into a purchase and sale agreement with the defendant Ferreira to purchase for $70,000 two lots (the locus) on Route 28A in West Falmouth. Record title to the locus then stood in the name of William Bonito, the codefendant, but Ferreira “was the true owner.” The purchase and sale agreement provided that conveyance was to take place on September 7, 1983, at the Barnstable registry of deeds, by quitclaim deed conveying “a good and clear record and marketable title” to the locus “free from encumbrances” with exceptions not here pertinent. 2

Appropria…