FITZGERALD v. O'CONNELL

No. 76-371-Appeal.

386 A.2d 1384 (1978)

Timothy F. FITZGERALD et ux. v. Cathleen D. O'CONNELL et al.

Supreme Court of Rhode Island.

May 30, 1978.


Attorney(s) appearing for the Case

Moore, Virgadamo, Boyle & Lynch, Ltd., Jeremiah C. Lynch, Newport, for plaintiffs.

John F. Phelan, Newport, for defendants.


OPINION

KELLEHER, Justice.

This is an appeal from the denial by a Superior Court justice, after a hearing, of the plaintiffs' complaint seeking specific performance of a contract to sell real estate. The trial justice based his denial on his findings that the plaintiffs were guilty of laches by not acting with reasonable diligence to secure their rights and dismissed their complaint.

In an undated, sealed agreement the Fitzgeralds agreed to purchase...

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