SHULMAN v. SCOLA


1985 Mass. App. Div. 53 (1985)

Alex Shulman vs. Nancy Scola, Trustee

Massachusetts Appellate Division, Municipal Court.

March 13, 1985.


Attorney(s) appearing for the Case

Robert G. Cohen for the plaintiff.

Alan Garber for the defendant.

Present: Grabau, Donovan & O'Toole, JJ.


Donovan, J.

This is an action in contract wherein plaintiff seeks to recover a $7,000 deposit made pursuant to a Purchase and Sale Agreement. Plaintiff alleged in the Complaint that the contract had, by its terms, become void. Defendant in his answer alleged that plaintiff had failed to comply with the mortgage contingency clause in the Rider to the Agreement.

Plaintiff entered into a purchase and sale agreement with defendant in order to buy a condominium...

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