Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)

Citation: Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)
Parent Document: Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)
Jurisdiction: Massachusetts (state)
Effective Date: 1973-03-05
Original Source: https://www.courtlistener.com/opinion/2000597/boston-housing-authority-v-hemingway/ ↗

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In the case of Schiro v. W.E. Gould & Co. 18 Ill.2d 538, the defendants agreed in writing to erect a dwelling on a lot and then convey it to the plaintiff. The agreement was silent as to sewer and water connections. The city building code required the new house to be connected directly to the city sewer and water systems. The defendants connected it to the sewer and water installations of a house on the adjoining lot. The court said, at pp. 544-545: "It is settled law that all contracts for the purchase and sale of realty are presumed *212 to have been executed in the light of existing law, and with reference to the applicable legal principles.... Thus, the law existing at the time and place of the making of the contract is deemed a part of the contract, as though expressly referred to or incorporated in it.... Consequently, the courts, in construing the existing law as part of the express contract, are not reading into the contract provisions different from those expressed and intended by the parties ... but are merely construing the contract in accordance with the intent of the parties.... Applying this established law to the instant case, it is evident that the contract ... included, as an integral part, the relevant provisions of the city code in existence at the time the contract was executed. The requirements of that code were, therefore, as much a part of the contract as if they had been enumerated by the parties."

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