These are appeals from interlocutory decrees overruling a demurrer and confirming a master's report, and from a final decree ordering the defendants, who are husband and wife, to convey a parcel of land upon the payment of a certain sum to them, and ordering the female defendant to pay $300 to the plaintiff on account of chandeliers which she has failed to deliver to him.
It appeared from the report of a master that the defendants on April 29, 1950, entered into a written contract to convey to the plaintiff a parcel of land situated on the corner of Mill Street and Arlington Place in Haverhill for $18,000. The land contained a ten room house and also a building comprising six rooms and a garage. The contract provided for a conveyance of the large house for $14,000 on or before June 1, 1950. The agreement left a blank space in which to insert either August 29, 1950, or September 1, 1950, as the date for the conveyance of the cottage house and garage for $4,000. Mrs. Beebe had brought a writ in a summary process for possession against the tenant of the cottage on the ground that she needed this house for immediate personal occupancy. The tenant moved out before December 1, 1948, and the defendants moved into the cottage on June 17, 1950. Mrs. Beebe refused to sign the agreement with August 29, 1950, or September 1, 1950, as the date of conveyance of the cottage because, as she asserted, the owner in getting possession for personal occupancy in a summary process would have to live in the cottage
The defendants conveyed the large house to the plaintiff on or about June 15, 1950, upon the payment of a total of $14,000 by a warranty deed free from all encumbrances except building and zoning ordinances, and moved into the cottage where they still reside, and refused to transfer the cottage and garage as they agreed to do.
We do not agree with the defendants that they were not compelled to deed the cottage and garage to the plaintiff until they saw fit to vacate the premises. It is true that the written agreement fixed no definite date when they should leave the cottage and garage. It must be assumed that both parties were acting in good faith, and there was nothing to show that the parties understood that any essential item remained to be agreed upon. If, as appears here, nothing remained to be agreed upon but the time for making the transfer, that would be supplied by the law. Consequently there was no error in overruling the demurrer or in ordering the conveyance of the property to the plaintiff upon the payment in accordance with the written agreement. Buono v. Cody, 251 Mass. 286, 291. Laidlaw v. Vose, 265 Mass. 500, 505. Lieberman v. Cohn, 288 Mass. 327, 331. Church v. Lawyers Mortgage Investment Corp. of Boston, 315 Mass. 1, 6.
The female defendant was ordered to pay the plaintiff $300, the value of the two chandeliers she removed from the big house when she vacated around June 17, 1950. Each of them was attached to a piece of pipe which screwed into a bolt in an iron box in the ceiling and was easily removed. One had been given to Mrs. Beebe as a birthday gift by her husband when she acquired the property in 1934 and the other was previously used by her mother and was installed
There is nothing in the contention of the defendants that the plaintiff should be barred on account of laches. Whatever delay there has been has been caused by the female defendant who contends in one breath that a suit before she vacates the cottage is premature and in the next breath that bringing the present suit is too late. We agree with the master who found that the plaintiff has not been guilty of laches. Shea v. Shea, 296 Mass. 143. Norton v. Chioda, 317 Mass. 446, 452.
The plaintiff never made a formal tender of the purchase price of the cottage and garage. The master found that the
The interlocutory decrees are affirmed, and the final decree is affirmed with costs of the appeal.