BARRY v. CONNOLLY


1985 Mass. App. Div. 77 (1985)

Westley P. Barry and another vs. Herbert L. Connolly

Massachusetts Appellate Division, Northern District.

April 11, 1985.


Attorney(s) appearing for the Case

Roy D. Toulan, Jr. for the plaintiffs.

Robert H. Clewell for the defendant.

Present: Doyle, P.J., Forte & Chernoff, JJ.


Doyle, P.J.

This is an action in contract to recover a deposit paid by the plaintiffs under an agreement for the purchase and sale of the defendant's real estate.

The trial court entered judgment for the defendant on July 5, 1984.

Twenty-two days later, on July 27, 1984, the plaintiffs' "Motion to Extend Time to File a Request for a Report and Draft Report" was entered on the trial court docket. The plaintiffs' motion had been had delivered by a courier...

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