MATTIE v. FREYMANN


1994 Mass. App. Div. 245 (1994)

James Mattie, and another vs. Mary Von Freymann, and another

Massachusetts Appellate Division, Southern District.

December 28, 1994.


Attorney(s) appearing for the Case

Charles S. Kelly for the plaintiffs.

Paul W. McAuliffe for the defendants.

Present: Dolan, P.J., Hurley & Aguiar, JJ.


Aguiar, J.

This appeal raises the issue of whether the court erred in finding that the plaintiffs failed to produce a ready, willing and able buyer for a sale of real estate in light of the defendants' admission in the pleadings that the plaintiffs had secured a buyer concerning a lease with an option to purchase. We find no error.

The defendants' admissions relative to the lease with an option to purchase are not relevant to the issue of whether there was...

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