STOCKS v. KENNEDY


1989 Mass. App. Div. 104 (1989)

Christopher D. Stocks and another vs. Adele Kennedy

Massachusetts Appellate Division, Western District.

May 5, 1989.


Attorney(s) appearing for the Case

Robert V. DeLisio for the plaintiffs.

Gary S. Pfisterer for the defendant.

Present: Larkin, McGuane & Lenhoff, JJ.


Larkin, J.

This is an appeal from an action for the return of a deposit of $7,270.00 paid on the signing of a purchase and sale agreement. The plaintiffs-appellants (hereinafter the "Buyers") contend that "reasonable efforts" were exercised to obtain financing and accordingly, under the terms of an agreement, demand the return of their deposit. The defendant-appellee (hereinafter the "Seller") contends that the Buyers failed to exercise reasonable efforts to obtain...

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