HOMSI v. C.H. BABB CO., INC.


10 Mass. App. Ct. 474 (1980)

409 N.E.2d 219

TANIOS A. HOMSI & others vs. C.H. BABB CO., INC.

Appeals Court of Massachusetts, Suffolk.

August 29, 1980.


Attorney(s) appearing for the Case

Avram G. Hammer (John W. Costello with him) for the defendant.

Nicholas A. Abraham for the plaintiffs.

Present: GREANEY, PERRETTA, & DREBEN, JJ.


DREBEN, J.

The plaintiffs agreed to buy an oven for the baking of Arabic bread under a contract which, as amended, provided that an adequate supply of gas would be furnished by the defendant. At the time for delivery of the oven, natural gas was not available, and the plaintiffs asked for a return of the $10,600 they had paid as a down payment on the oven. The defendant refused to return the deposit, and the plaintiffs brought this action for damages, alleging breach...

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