MADDEN v. MALMART MORTGAGE COMPANY, INC.


1984 Mass. App. Div. 239 (1984)

James Madden and another vs. Malmart Mortgage Company, Inc.

Massachusetts Appellate Division, Northern District.

November 19, 1984.


Attorney(s) appearing for the Case

Anne L. Berger for the plaintiffs.

Mary Winstanley O'Connor for the defendant.

Present: Cowdrey, P.J., Banks & Jodrey, JJ.


Jodrey, J.

This is an action in contract in which the plaintiffs seek to recover the sum of $1,040.00 which was paid to the defendant in connection with the plaintiffs' application for residential mortgage financing. The plaintiffs also seek damages for the defendant's alleged violation of G.L.c. 93A and c. 140D in refusing to refund the $1,040.00 fee in question.

Evidence was introduced by the plaintiffs in the form of documentary exhibits and testimony by...

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