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LYNCH v. ANDREW

20 Mass. App. Ct. 623 (1985)

481 N.E.2d 1381

JOHN E. LYNCH & another vs. STEPHANIE ANDREW.

Appeals Court of Massachusetts, Norfolk.

August 19, 1985.

Attorney(s) appearing for the Case

Martin S. Cosgrove for the plaintiffs.

Paul E. Troy for the defendant.

Present: KASS, CUTTER, & SMITH, JJ.

KASS, J.

At the behest of the buyers' lawyer, a mortgage financing condition was added to a purchase and sale agreement prepared on a printed form published by the Greater Boston Real Estate Board. Claiming inability to secure mortgage financing, the buyers, the plaintiffs in this action, say they were excused from performance and demand recovery of the $25,400 deposit which they made under that agreement.

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