AUCLAIR v. THOMAS

No. 94-P-1114.

39 Mass. App. Ct. 344 (1995)

CECILE A. AUCLAIR vs. WALTER THOMAS & another.

Appeals Court of Massachusetts, Suffolk.

October 26, 1995.


Attorney(s) appearing for the Case

Damon Scarano for the plaintiff.

Kevin G. McIntyre for the defendants.

Present: ARMSTRONG, KASS, & JACOBS, JJ.


JACOBS, J.

At the time scheduled for the conveyance of a single family dwelling in West Roxbury, the agent for the plaintiff buyer refused to pay the balance of the purchase price, claiming that the defendant sellers had not delivered a deed conveying title free from mortgage encumbrances as required by the parties' purchase and sale agreement. When the sellers refused to return a $17,000 deposit, the buyer filed a complaint in the Superior Court, principally alleging...

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