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BARBOUR v. KELLEY

1987 Mass. App. Div. 211 (1987)

Monica Barbour vs. James F. Kelley and another

Massachusetts Appellate Division, Southern District.

November 27, 1987.

Attorney(s) appearing for the Case

R.M. Maciolek for the plaintiff.

Joseph D. Mulhall for the defendants.

Present: Black, P.J., Shubow & Dolan, JJ.

Dolan, J.

This is an action in which plaintiff seeks to recover from defendants, James F. Kelley (hereafter "James") and Joan T. Kelley (hereafter "Joan"), the amount agreed upon as a liquidated damages deposit in an agreement for the purchase and sale of real estate.

In May, 1986, plaintiff and defendants entered into an agreement for the purchase and sale of real estate owned by plaintiff. The agreed liquidated damages deposit was $6,900.00, of which $1...

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