WHITTEMORE, J.
The plaintiffs sued to recover their deposit made under an agreement for the purchase of land in Newton. These are the defendant's exceptions to the direction of a verdict for the plaintiffs. Taking the evidence most favorably for the defendant the issue is this: May a seller who has agreed to convey "a good and clear record and marketable title ... free from encumbrances" require the buyers to take the premises subject to a public easement for a sewer...
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