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BARRETT v. CARNEY

337 Mass. 466 (1958)

150 N.E.2d 276

RUSSELL BARRETT vs. GILBERT D. CARNEY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 5, 1958.

Attorney(s) appearing for the Case

John R. Carney, Jr., (James H. Dixon with him,) for the plaintiff.

Walter Powers, Jr., for the defendants.

Present: WILKINS, C.J., RONAN, SPALDING, WHITTEMORE, & CUTTER, JJ.

CUTTER, J.

The plaintiff on February 1, 1957, made an oral agreement to purchase certain land of the defendants on Mossdale Road in West Roxbury. On February 6, a written purchase and sale agreement was executed.

This agreement provided that the land was to be "conveyed together with the right to use Mossdale Road ... for all purposes for which public streets are ... or may ... be commonly used in ... Boston ......

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