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McCARTHY v. TOBIN

No. 96-P-1680.

44 Mass. App. Ct. 274 (1998)

JOHN J. MCCARTHY, JR. v. ANN G. TOBIN; ROBERT DIMINICO & another, interveners.

Court of Appeals of Massachusetts, Suffolk.

February 11, 1998.

Attorney(s) appearing for the Case

J. Gavin Cockfield for the plaintiff.

Richard A. Oetheimer for the defendant.

Shepard Davidson for the interveners.

Present: JACOBS, GILLERMAN, & SPINA, JJ.

GILLERMAN, J.

The devil that lurks in offers to purchase real estate and like instruments, which contemplate further documentation regarding the same subject matter,2 once again has triumphed. Here the parties — the buyers (McCarthy and the DiMinicos) and the seller (Tobin) — have been in litigation since mid-1995; the subject is a condominium unit at Burroughs Wharf in...

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