219 Mass. 539 | Mass. | 1914
The petitioner’s land was duly taken by the
respondent for park and water purposes; and the only issue before the jury was the fair market value of the tract taken. All of the exceptions involve questions of evidence.
The land in question was part of a large tract which had been purchased in September, 1912, by two partners under the name of the Suburban Land Company, and was transferred by them to the petitioner on its incorporation in March, 1913. This corporation is engaged in what is known as the land developing business. It purchases large tracts of land, and plots them out into house lots. These it sells on the instalment plan, giving to the prospective owner a written agreement which provides that the company will give him a deed if he makes the monthly payments; and further that, on his failure to pay any of the instalments as stipulated, the contract shall be considered null and void and all payments theretofore made shall be forfeited to the company. The principal question raised by the exceptions relates to the
The other exceptions may be disposed of briefly. It was immaterial what work Crossland, who was in possession of certain land under one of the agreements for purchase, did subsequently to the talcing upon land which was not included in the taking. The settlements made or to be made by the petitioner with such persons as held its agreements for the sale of lots included in the taking had no relevancy to the fair market value of the land taken, and did not constitute a separate element of damage under this petition. Edmands v. Boston, 108 Mass. 535, 544.
The price paid for the land by the Suburban Land Company partnership was stated by the witness Brand in cross-examination without objection. The price paid for it two months earlier, in July, 1912, was admitted expressly as “ one of all the facts which you [the jury] are to take into account in arriving at the true value
The facts stated in the offer of proof, so far as material, were allowed to be shown, with the exception of the aggregate price agreed upon and the amount of money paid in by the holders of the instalment purchase agreements; and, as already said, these were excluded properly.
The testimony of the town engineer was competent to meet the petitioner’s evidence that there was no more undeveloped land in Arlington. The plan by which he explained his testimony was admissible in the court’s discretion. Everson v. Casualty Co. of America, 208 Mass. 214.
- The names of the owners of the undeveloped lots were immaterial, but the admission of this evidence did not constitute harmful error. Burns v. Jones, 211 Mass. 475. St. 1913, c. 716, § 1.
Exceptions overruled.