MITCHELL v. JACOMME


1983 Mass. App. Div. 345 (1983)

Charles Z. Mitchell and another vs. Louis H. Jacomme and others

Massachusetts Appellate Division, Western District.

December 15, 1983.


Attorney(s) appearing for the Case

Timothy W. McGee for the plaintiffs.

Alan Mason for the defendants.

Present: Walsh, P.J., Lenhoff & McGuane, JJ.


Walsh, P.J.

This is a breach of contract action for the purchase and sale of real estate in which plaintiffs, Charles and Nancy Mitchell, as sellers, sought damages from the defendants, Louis and Barbara Jacomme, as purchasers, for failure to use reasonable efforts to obtain the financing required by a purchase and sale agreement. The sole question for decision is whether buyers, who apply to one lending institution for financing but are denied based on the condition...

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