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PENNER v. EQUITABLE REAL EST. INV. MGT., INC.

No. 91-2199.

978 F.2d 770 (1992)

Eleanor PENNER, et al., Plaintiffs, Appellants, v. EQUITABLE REAL ESTATE INVESTMENT MANAGEMENT, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 4, 1992.

Attorney(s) appearing for the Case

Philipp G. Grefe with whom John H. Prorok and Ring, Rudnick & Grefe, P.C., Boston, Mass., were on brief, for plaintiffs, appellants.

Merriann M. Panarella with whom Charles J. Gray and Hale and Dorr, Boston, Mass., were on brief, for defendants, appellees.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and BOYLE, District Judge.

BAILEY ALDRICH, Senior Circuit Judge.

In this diversity action plaintiffs seek specific performance or damages for a breach of contract to buy real estate, and defendant denies the making, or the sufficiency of the articulation. At the close of plaintiff's evidence the court ordered a verdict for defendant on the ground that no reasonable jury could find that a contract existed. We affirm.

Plaintiffs Penner and Dolan are trustees of two alleged nominee trusts...

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