320 Mass. 360 | Mass. | 1946
This is a bill in equity for specific performance of an agreement between the plaintiff and the defendants Albert W. Rockwood (hereinafter called Rock-wood) and his wife, Lucia Beebe Rockwood, for the purchase and sale of a tract of land with the buildings thereon and their contents. Oyster Harbors Incorporated (hereinafter called Oyster Harbors) is also a defendant. Demurrers filed by the defendants were sustained, and from a final decree dismissing the bill the plaintiff appealed;
The bill alleged that on July 23, 1945, Rockwood, who owned a tract of land with a dwelling house and garage
The written agreement between the plaintiff and Rock-wood provided that the premises were to be conveyed free from all encumbrances except “easements, restrictions and agreements of record insofar as they may be in force and applicable” and that performance by Rockwood was to be “subject to the approval of this sale and conveyance by Oyster Harbors Incorporated.” It further provided that, if Rockwood is “unable to give title or to make conveyance as above stipulated, any payments made under this agreement shall be refunded, and all other obligations of either party hereunto shall cease.”
The plaintiff contends that the only real question of law raised by the demurrers is the legal effect of the clause in Rockwood’s deed forbidding him to sell without the prior approval in writing of Oyster Harbors, and argues that this provision
Interlocutory decrees sustaining
demurrers affirmed.
Final decree affirmed with costs.
In one of the prayers in his bill the plaintiff asked to have this provision adjudged to be an unlawful restraint on alienation.