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McCARTIN v. BISHOP STREET INVESTMENT COMPANY, INC.

1999 Mass. App. Div. 214 (1999)

Michael F. McCartin v. Bishop Street Investment Company, Inc.

Massachusetts Appellate Division, Southern District.

August 31, 1999.

Attorney(s) appearing for the Case

Paul M. Cronan for the plaintiff.

Gail A. Balser for the defendant.

Present: Aguiar, P.J., Wheatley & Sabra, JJ.

Wheatley, J.

Plaintiff-buyer (McCartin) has sued for the return of a down payment made on a proposed purchase of land in Attleboro, alleging that defendantseller (Bishop) was not able to convey good title at the time set for closing. Bishop answered that the title was clear and that McCartin failed to go through with the sale. It is from McCartin's motion for summary judgment, made in due course and allowed by the motion judge,1 that Bishop...

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