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KULAKOWSKI v. LEAVITT

1996 Mass. App. Div. 159 (1996)

Richard B. Kulakowski, and another v. William H. Leavitt

Massachusetts Appellate Division, Northern District.

October 8, 1996.

Attorney(s) appearing for the Case

Peter C. DiGangi for the plaintiffs.

Donald R. Bumiller for the defendant.

Present: Sherman, P.J., Merrick & Greco, JJ.

Greco, J.

This is an action by prospective purchasers Richard B. and Phyllis Kulakowski ("the Kulakowskis") to recover a real estate deposit following their termination of the parties' purchase and sale agreement because of an inability to obtain mortgage financing. The defendant-seller, William H. Leavitt ("Leavitt"), alleged that the Kulakowskis' failure to comply with the terms of the mortgage contingency clause precluded their proper termination of the agreement...

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