THIBBITTS v. CROWLEY


405 Mass. 222 (1989)

539 N.E.2d 1035

JOHN F. THIBBITTS & another vs. RICHARD P. CROWLEY, trustee.

Supreme Judicial Court of Massachusetts, Barnstable.

June 22, 1989.


Attorney(s) appearing for the Case

Jerome M. Leonard (Elizabeth Paine with him) for the defendant.

Paul D. Gallese (David K. Moynihan of New Hampshire & Silvia M. Purins with him) for the plaintiffs.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


ABRAMS, J.

The plaintiff (buyer) brought this suit to obtain specific performance of a contract for the sale of some thirty-four acres of land in Mashpee. During trial the parties (both lawyers) reached agreement and the judge entered a consent judgment. The judgment provided that the conveyance was to take place on or before March 9, 1987; that time was of the essence; and that if the conveyance did not take place by March 9, title would remain in the defendant ...

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