Closing on Veterans' Day
Here's my syllogism. There are six premises (or is it premisi?) and you must provide the conclusion:
- PREMISE A: G.L.c. 136, §5 says "[w]hoever on Sunday . . . sells . . . real estate . . . shall be punishable . . . ."
- PREMISE B: Horn v. Dorchester Mutual Fire Insurance Co., 199 Mass. 534, 85 N.E.853 (1908) says that a person's actions in violation of the statute are void.
- PREMISE C: Bauer v. Bond & Goodwin, 285 Mass. 117, 188 N.E. 708 (1934) says, however, that the statute prohibits and thus voids contracts on Sunday, as they are executory agreements, but indicates that the court will not disturb a completed transaction (i.e., the performance of the contract) and will leave the parties where they were.
- PREMISE D: Atwood v. Fiske, 101 Mass. 363 (1869) says that as to a performed contract a party thereto who has paid money or delivered property in pursuance of its terms cannot recover back what he has parted with.
- PREMISE E: Crocker's Notes on Common Forms says that "[a]ccordingly, a deed executed and delivered on Sunday would appear to be good as a completed transaction, but any covenants therein [are] not enforceable by the parties."
- PREMISE F: G.L.c. 136, §13 says "[t]he provisions of section[ ] five . . . shall apply to all legal holidays, except . . . November eleventh after one o'clock post meridian . . . .
- CONCLUSION: A closing that occurs on Veterans' Day and the documents signed thereat will under all circumstances and in regard to all agreements made in connection therewith (in addition to the delivery of conveyance documents, which are in pursuance of the performance of the agreements previously made) be enforceable if the closing is performed and the documents are executed after: (fill in time).