SCHILLING v. LEVIN


328 Mass. 2 (1951)

101 N.E.2d 360

ARDEN F. SCHILLING & another vs. S. SPENCE LEVIN (and a companion case).

Supreme Judicial Court of Massachusetts, Berkshire.

October 31, 1951.


Attorney(s) appearing for the Case

S.E. Bloomberg, for Levin.

F.J. Quirico, (P.A. Tamburello with him,) for Schilling and another.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


SPALDING, J.

These are two actions arising out of an agreement for the purchase and sale of a parcel of real estate. In one, the original action, the sellers seek damages from the buyer for his alleged failure to perform the agreement; in the other, a cross action, the buyer seeks to recover the amount of his deposit, $200. The judge found for the sellers in each action. A report to the Appellate Division was dismissed and the buyer appealed. For convenience the sellers...

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