Onanian v. Leggat

The defendant appeals from a decree of the Superior Court in which the plaintiff was declared entitled to the payment of a sum of money, with interest, in lieu of specific performance of an agreement for the purchase of certain real property from the defendant. Since we have before us the judge’s findings of fact and a transcript of the evidence heard by him, all questions of law, fact and discretion are open for our decision, and we can and do find facts not expressly found by the judge. Juergens v. Venture Capital Corp. Mass. App. Ct. 274 (1973).

On July 17, 1970, the defendant qualified as…