SAWL v. KWIATKOWSKI


349 Mass. 712 (1965)

212 N.E.2d 228

HARRY SAWL vs. HELEN KWIATKOWSKI.

Supreme Judicial Court of Massachusetts, Hampden.

December 7, 1965.


Attorney(s) appearing for the Case

Maurice J. Ferriter for the defendant.

Burton S. Resnic for the plaintiff.

Present: SPALDING, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


CUTTER, J.

Sawl seeks specific performance of an agreement for the sale for $100,000 by Mrs. Kwiatkowski (the vendor) of real estate (the locus) in Holyoke, worth $115,000. The vendor gained title to the locus, formerly held by her and her husband as tenants by the entirety, upon his death in 1953. Sawl paid a deposit of $5,000. A written agreement dated January 22, 1963, was prepared by a broker. Under this the vendor was to convey on February 28, 1963, "a good and...

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