Allen v. Rakes

Allen seeks specific performance of a written agreement relating to the proposed sale to him, by Rakes and his wife (the vendors), of land in Leominster (the locus). A Superior Court judge, upon evidence which is reported, made findings (adopted as a report of material facts) and entered a final decree (a) that the vendors pay $1,800 to Allen, and (b) that the bill be dismissed. Allen appealed.

The meager report of material facts states the circumstances essentially as follows. An option agreement was signed by the vendors on March 18, 1968. Prior to their execution of that agreement, an…