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KELLY v. MARX

428 Mass. 877 (1999)

JOHN E. KELLY & another v. STEVEN A. MARX & another.

Supreme Judicial Court of Massachusetts, Worcester.

February 10, 1999.

Attorney(s) appearing for the Case

Wayne M. LeBlanc for the defendants.

Howard E. Stempler for the plaintiffs.

Norman T. Byrnes, for The Abstract Club & another, amici curiae, submitted a brief.

Robert S. Kutner, for the Massachusetts Association of Realtors, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

IRELAND, J.

John E. and Pamela B. Kelly (plaintiffs) commenced this action in the Superior Court in November, 1994, seeking to recover funds that they had paid to Steven A. and Merrill S. Marx (defendants) as a deposit for the purchase of the defendants' property. Both parties filed cross motions for summary judgment. The Superior Court judge granted the motion of the defendants after concluding they were entitled to the deposit because the liquidated damages clause...

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