ALLEN v. RAKES


359 Mass. 1 (1971)

267 N.E.2d 628

CHARLES W. ALLEN vs. PETER RAKES & another.

Supreme Judicial Court of Massachusetts, Worcester.

March 5, 1971.


Attorney(s) appearing for the Case

Charles F. Barrett (William H. Bentley with him) for the plaintiff.

Willard I. Shattuck (David M. Tower with him) for the defendants.

Present: TAURO, C.J., SPALDING, CUTTER, & BRAUCHER, JJ.


CUTTER, J.

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...

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