DIAZ v. ZAMPINO


1990 Mass. App. Div. 182 (1990)

Manuel Diaz, Jr. vs. Albert P. Zampino

Massachusetts Appellate Division, Western District.

October 24, 1990.


Attorney(s) appearing for the Case

James N. Wittorff for the plaintiff.

Mark I. Zarrow for the defendant.

Present: Turcotte, P.J., Dohoney & McGuane, JJ.


Turcotte, P.J.

The plaintiff seeks the return of a deposit of $10,000 paid in connection with an agreement to purchase a towing business. On July 1, 1986 the parties executed a written contract; the deposit was paid and the closing scheduled for August 29, 1986. The contract provided that if the defendant was "unable to give good title at the time of closing or after a reasonable extension thereof or if the DPU...

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