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Onanian v. Leggat

2 Mass. App. Ct. 623, 317 N.E.2d 823 (1974)

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Onanian v. Leggat

Massachusetts Appeals Court
2 Mass. App. Ct. 623, 317 N.E.2d 823 (1974)

  • Written by Rose VanHofwegen, JD

Facts

Francis Knowles’s will appointed John Leggat (defendant) executor of her estate. Knowles devised real property to specific devisees but gave Leggat the power to sell the property. Peter Onanian (plaintiff) offered to buy the property for $32,500. Leggat drafted a purchase-and-sale agreement at that price with closing a month later. The agreement identified Leggat as Knowles’s executor, and Leggat signed his name followed by “Execr.” The agreement did not specifically say Leggat was acting only in his capacity as executor or exempt him from personal liability, but it made the conveyance contingent on the probate court issuing Leggat a license to sell the property. The devisees agreed to the sale, and the court issued Leggat a license to sell the property. Two days before the specified closing date, Leggat told Onanian that another potential buyer was interested in the property and that Leggat would sell it to the highest bidder. Onanian filed suit seeking specific performance but also made a higher bid of $35,155 without waiving his contractual rights, and he obtained title to the property at that price. The court declared Leggat owed Onanian the $2,655 difference. Leggat appealed.

Rule of Law

Issue

Holding and Reasoning (Rose, J.)

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Casebooks

Wills, Trusts, and Estates

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