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DUNHAM v. WARE SAVINGS BANK

384 Mass. 63 (1981)

423 N.E.2d 998

KENNETH L. DUNHAM & others vs. WARE SAVINGS BANK.

Supreme Judicial Court of Massachusetts, Hampshire.

July 20, 1981.

Attorney(s) appearing for the Case

Alan R. Goodman for the plaintiffs.

William J. LeDoux (James E. Wallace, Jr., & John A. Mavricos with him) for Ware Savings Bank.

Henry B. Shepard, Carol Goodman, Thomas P. Storer & Raymond C. Zemlin, for Savings Banks Association of Massachusetts & another, amici curiae, submitted a brief.

John J. McCarthy & Stanley V. Ragalevsky, for Massachusetts Co-operative Bank League, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & NOLAN, JJ.

HENNESSEY, C.J.

The facts of this case are simple, but it will likely have significant impact upon many transactions involving the sale of real property. We decide a question recently presented to a number of courts in the United States, namely, whether the enforcement of a so called "due-on-sale" clause3 in a home mortgage constitutes an unreasonable restraint on alienation in the absence of...

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