POST v. KAITZ


1999 Mass. App. Div. 20 (1999)

Malcolm B. Post v. John Kaitz, and another

Massachusetts Appellate Division, Southern District.

January 28, 1999.


Attorney(s) appearing for the Case

Steven S. Broadley for the plaintiff.

Mark E. Barnett for the defendant.

Present: Aguiar, P.J., Crimmins & Welsh, JJ.


Crimmins, J.

This is a civil action sounding in contract based on an overpayment of a promissory note and the failure to refund the overpayment.

Following the trial, the court found that the plaintiff overpaid fourteen thousand six hundred and ninety-five ($14,695.00) dollars to the defendants, and awarded interest from the date of filing its claim. Additionally, the court found that the defendants violated G.L.c. 93A in refusing to release the mortgage on...

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