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LaVALLEE v. CATALDO

343 Mass. 332 (1961)

178 N.E.2d 484

WALLACE A. LaVALLEE vs. SYLVIA R. CATALDO.

Supreme Judicial Court of Massachusetts, Middlesex.

December 13, 1961.

Attorney(s) appearing for the Case

Willy Nordwind, Jr., for the plaintiff.

James T. Cassidy, Jr., (Joshua J. Vernaglia with him,) for the defendant.

Present: WILKINS, C.J., WILLIAMS, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

CUTTER, J.

The plaintiff made a deposit of $2,000 under an agreement to purchase from the defendant for $7,900 certain residential real estate. The agreement contained this provision: "It is expressly agreed that, notwithstanding any other provisions of this contract, the purchaser shall not be obligated to complete the purchase ... or to incur any penalty by forfeiture of ... deposits ... unless the seller has delivered...

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