Roberts v. Bassett

A contract to convey, “ by a deed conveying a clear title, that parcel of land on the cornel of A. and B. Streets, and owned by the vendors,” is not satisfied hy the tender of a warranty deed conveying “ that parcel of land on the comer of A. and B. Streets, now owned by the grantors,” if there is an incumbrance on the land.

Bill in equity for the specific performance of a contract by which the defendant agreed to purchase, and the plaintiffs to convey to the defendant, his heirs and assigns forever, “ by a good and sufficient deed, conveying a clear title thereto, free from all incumbrances except lease, all that parcel of land situated on the corner of Lynde and Green Streets, in Boston, and owned by th/ vendors or either of them.” At the hearing, before Colt, J., it appeared that the plaintiffs tendered to the defendant a warranty deed conveying “ all that parcel of land situated on the corner of Lynde Street and Green Stréet, in Boston, now owned by the grantors or either of them,” but that the defendant refused to accept it. It also appeared that the plaintiffs owned on the corner of said streets a parcel of land which was subject to the right of one Hall to place a wall upon a strip of the land six inches wide along the whole.southerly line, with the right of opening in the wall, when erected, windows to be forever open and unobstructed. The defendant contended that he was not bound to accept the deed; but the judge ordered a decree to be entered for the plaintiffs, and, at the request of the defendant, reported the case for the revision of the full court.