Greene v. Adomaitis

• Decision Date: 23 May 1927
• Citation: 259 Mass. 605,156 N.E. 695
• Parties: GREENE v. ADOMAITIS et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

259 Mass. 605

156 N.E. 695

GREENE

v.ADOMAITIS et al.

Supreme Judicial Court of Massachusetts, Plymouth.

May 23, 1927.

Appeal from Superior Court, Plymouth County; C. H. Donahue, Judge.

Suit for specific performance by Louis H. Greene against Karol Adomaitis and another. From a decree for plaintiff, defendants appeal. Reversed and rendered.

W. F. Hallisey and E. G. Townes, both of Brockton, for appellants.

H. K. Stone and A. K. Shimelovich, both of Brockton, for appellee.

PIERCE, J.

The plaintiff in his bill, wherein specific performance is sought of the agreement hereinafter referred to, alleges in substance that he is the owner of certain described real estate situated in Brockton, Massachusetts; that he entered into a written agreement (copy of which is annexed to the bill) with the defendants whereby the defendants were to exchange certain described real estate, in Brockton, owned by them individually, for the described property of the plaintiff; that he has always been ready, willing, able and desirous of complying with the terms of that agreement but the defendants refuse and have refused to perform their part. The defendants, admitting in part and denying in part the allegations of the bill, which are not now in issue, further answer in substance that ‘there was no meeting of minds' in that there was a material misrepresentation of fact. The defendants filed a cross bill wherein by reason of certain alleged misrepresentations they ask that the contract be rescinded and declared null and void.

From the agreement and from the master's report the facts pertinent to the issue raised by the answer, the cross bill and the amended cross bill are shown to be as follows: The ‘Agreement of Exchange’ states ‘that a first mortgage of $20,000 is held by the Brockton Savings Bank, and a second mortgage of $3,000 is held by Mary N. Winner’ on the property of the plaintiff. In reference to the mortgage to the Brockton Savings Bank, the master finds that Harry K. Stone and Joseph Stone, the predecessors in title of the described land of the plaintiff, on June 27, 1925, executed a mortgage note payable to Daniel E. Brown in the amount of $20,000, payable in three years from June 27, 1925, with interest at six per cent. per annum, secured by a first mortgage on the property now of said Greene; and that on the same day Daniel E. Brown executed a note of $10,000 payable to the Brockton Savings Bank in one year with interest at the rate of six per cent....