MERVIS v. ELM STREET REALTY TRUST


1999 Mass. App. Div. 50 (1999)

Laurel D. Mervis, and another v. Elm Street Realty Trust, and another

Massachusetts Appellate Division, Northern District.

February 9, 1999.


Attorney(s) appearing for the Case

Deborah L. Schreiber for the plaintiffs.

Francis T. Mayo for the defendants.

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


Greco, J.

This is an action pursuant to a financing contingency clause in the parties' purchase and sale agreement to recover a deposit paid by the plaintiffs as prospective buyers of the defendants' real estate. After trial, judgment was entered for the defendant-sellers, and the plaintiffs filed this Dist./Mun. Cts. R. A. D. A., Rule 8C appeal.

A malfunction in the recording device at trial prevented the plaintiffs from obtaining a cassette tape and preparing...

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