2 Mass. App. Ct. 846 | Mass. App. Ct. | 1974
This bill in equity was brought by the vendor for specific performance of a written agreement for the purchase and sale of real estate. The defendant’s answer set up a counterclaim (see Rule 32 of the Superior Court [1954]) to declare the contract a nullity. The plaintiff appeals from a final decree dismissing his bill and declaring the agreement “null and void for the reason-that-sueh-agreememt to_p.urchase.was contingent on William E. Reed, being able to construct a dwelling on said lot which was not possible to do.” The evidence is reported, but there is no report of material facts. In these circumstances, the entry of the decree imports a finding of each fact (supported by the evidence) which is essential to sustain it; but such findings will be reversed if plainly wrong, and we can find facts not expressly found by the judge. United Tool & Industrial Supply Co. Inc. v. Torrisi, 356 Mass. 103, 104 (1969). McMahon v. Monarch Life Ins. Co. 345 Mass. 261, 262-263 (1962). See Oliver v. Poulos, 312 Mass. 188, 190
So ordered.