Massachusetts Supreme Judicial Court October 21, 1908 (Banaghan v. Malaney)

Sheldon, J.

The judge had a right, upon his findings, to refuse to give the plaintiff a decree for specific performance of his agreement with the defendant. It is true that the agreement was good and sufficient upon its face; the defendant was legally competent to make it; and it was not obtained by such fraud or misrepresentation as would give the defendant a right to avoid it.