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ENG v. ABEN

1986 Mass. App. Div. 144 (1986)

Alan P. Eng and another vs. Wesley E. Aben and another

Massachusetts Appellate Division, Municipal Court.

October 16, 1986.

Attorney(s) appearing for the Case

Marshall Newman for the plaintiffs.

Charles J. Hayes for the defendants.

Present: Bakas, Hurley & Kelly, JJ.

Bakas, J.

This appeal by the plaintiffs seeks to review the trial judge's allowance of the defendants' motion for summary judgment.

Essentially, the plaintiffs agreed to purchase real estate owned by the defendants in the amount of $135,000 as evinced by a written Purchase and Sale Agreement3 which was executed on July 2, 1985. Under the terms of the Agreement, the time for performance (delivery of the deed) was set for August...

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