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SMITH v. ALLMON

17 Mass. App. Ct. 712 (1984)

461 N.E.2d 1237

STEPHEN J. SMITH, trustee, vs. DONALD ALLMON & another.

Appeals Court of Massachusetts, Barnstable.

April 9, 1984.

Attorney(s) appearing for the Case

Richard C. Anderson for the defendants.

Lawrence O. Spaulding, Jr. (Eric K. Rasmussen with him) for the plaintiff.

Present: DREBEN, HALE, & KASS, JJ.

KASS, J.

There was in the purchase and sale agreement a provision that the obligations of the buyer (the plaintiff Smith) "are contingent upon the determination by Buyers' attorney that the rights, easements, restrictions and agreements set forth or referred to in certificate of title No. 1858 or in this agreement shall not directly burden or encumber [the premises], or in any way interfere with the Buyers' ability to use and enjoy [the premises] for residential purposes...

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