REILLY v. WHITING


332 Mass. 745 (1955)

127 N.E.2d 567

HAMILTON G. REILLY & another vs. GRACE H.J. WHITING & another.

Supreme Judicial Court of Massachusetts, Plymouth.

June 29, 1955.


Attorney(s) appearing for the Case

Stuart DeBard, for the plaintiffs.

Philip B. Buzzell, for the defendant.

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


COUNIHAN, J.

This is an action of contract by the plaintiffs to recover a deposit of $1,500 paid to the defendant on an agreement to purchase and sell real estate in Hingham, to include "the buildings thereon and the contents of the barn on said premises." It was tried to a judge, without jury, who found for the defendant. The plaintiffs without fault on their part failed to perfect their exceptions and the case comes to this court upon a report of the judge, presumably...

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