LEE v. DATTILO

Nos. 87-633 & 87-836.

26 Mass. App. Ct. 185 (1988)

525 N.E.2d 679

WILLIAM N. LEE & another vs. SALVATORE DATTILO & another (and a companion case).

Appeals Court of Massachusetts, Middlesex.

July 6, 1988.


Attorney(s) appearing for the Case

David P. Dwork for William N. Lee & another.

Mark L. Murphy for Stephen I. Owren.

Michael D. Greenberg for Salvatore Dattilo & another.

Present: ARMSTRONG, KAPLAN, & DREBEN, JJ.


DREBEN, J.

A purchase and sale agreement drawn by a broker on a Greater Boston Real Estate Board form for a residence in Winchester contained a number of commonplace provisions: the deed shall convey a good and clear record and marketable title; buyer shall be entitled to an inspection of premises prior to delivery of the deed; and time is of the essence. The present dispute arose because the broker, the seller's agent, selected 4:00 P.M. as the time for the closing...

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