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CADY v. MARCELLA

No. 97-P-91.

49 Mass. App. Ct. 334 (2000)

A. MICHAEL CADY & another v. RONALD MARCELLA & another.

Court of Appeals of Massachusetts, Berkshire.

June 7, 2000.

Attorney(s) appearing for the Case

Alma R. Arlos for the plaintiffs.

Thomas J. Hamel for L.P. Adams Co., Inc.

Patrick J. Costello for Ronald Marcella.

Present: JACOBS, PORADA, & GREENBERG, JJ.

GREENBERG, J.

Vincent Carchedi, doing business under the name of Pegasus Construction Co., Inc. (Pegasus), agreed to prepare a lot in Dalton owned by A. Michael Cady and his spouse, Laurie A. Cady, for the erection of a modular home. Penn Lyon Homes, Inc. (Penn Lyon), was to supply the modular home pursuant to a separate written contract. The enterprise ultimately failed when Deputy Sheriff Ronald Marcella seized one-half of the modular home to satisfy a judgment...

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