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MADDEN v. ESTIN

89-P-608.

28 Mass. App. Ct. 392 (1990)

551 N.E.2d 550

MICHAEL L. MADDEN vs. HANS H. ESTIN, trustee.

Appeals Court of Massachusetts, Essex.

March 20, 1990.

Attorney(s) appearing for the Case

Alan B. Rubenstein for the defendant.

Michael E. Casey (Theodore S. Collatos with him) for the plaintiff.

Present: WARNER, C.J., ARMSTRONG, & KASS, JJ.

WARNER, C.J.

This case grew out of the following sequence of events, which we draw from materials submitted on cross motions for summary judgment. Under a written purchase and sale agreement dated August 7, 1979, the plaintiff (Madden) agreed to buy from two trustees1 (hereafter Estin) residential property in Manchester, Massachusetts, for a price of $320,000. Madden paid a $15,500 deposit. The agreement provided that time was of the essence...

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