CARDIFF v. DALPE


1982 Mass. App. Div. 43 (1982)

Edward J. Cardiff and others vs. Margaret Dalpe and another

Massachusetts Appellate Division, Northern District.

March 3, 1982.


Attorney(s) appearing for the Case

Paul D. DeCenzo for the plaintiffs.

Gary L. Shechtman for the defendants.

Present: Banks, Jodrey & Tiffany, JJ.


Tiffany, J.

This is an action in contract in which the plaintiff buyers seek to recover a $5,000.00 real estate deposit pursuant to a financing contingency clause in the parties' purchase and sales agreement.

Two reports have been signed by the trial justice and forwarded to this Division. The first has been presented by the plaintiff, the prevailing party in the trial court, on the grounds of a procedural challenge to the timeliness of the defendant's draft...

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