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FOSTER v. BARTOLOMEO

No. 90-P-411.

31 Mass. App. Ct. 592 (1991)

581 N.E.2d 1033

CRAIG A. FOSTER & another vs. FRANCIS BARTOLOMEO.

Appeals Court of Massachusetts, Middlesex.

November 26, 1991.

Attorney(s) appearing for the Case

Jerry E. Benezra (Naomi G. Baline with him) for the plaintiffs.

Michael P. Angelini (Colleen C. Cording with him) for the defendant.

Present: KASS, GILLERMAN, & LAURENCE, JJ.

KASS, J.

Three questions were contested when this case was tried before a Superior Court judge sitting without a jury: (1) whether the description of the real estate in the option agreement was sufficient to produce an enforceable contract; (2) whether Bartolomeo, the seller, had repudiated the contract; and (3) what were the damages. The judge found facts which established liability and assessed damages against...

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