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ASHKENAZY v. R.M. BRADLEY & CO. INC.

328 Mass. 242 (1952)

103 N.E.2d 251

DAVID ASHKENAZY vs. R.M. BRADLEY & CO., INC. (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

January 7, 1952.

Attorney(s) appearing for the Case

I.M. Libman, for the plaintiff.

J.M. Graham, for the defendants.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & SPALDING, JJ.

WILKINS, J.

These two actions, one against the broker and the other against the seller, are to recover a deposit made by the plaintiff under a written contract to purchase an apartment house at 290 Commonwealth Avenue, Boston. The judge found for each defendant.

The contract, under date of June 20, 1947, called for the delivery of the deed by the seller, Commonwealth-Newbury Mortgage and Real Estate Trust, to the plaintiff at 10 A.M. on November 1, 1947, at...

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