MITCHELL v. TILTON


2001 Mass. App. Div. 13 (2001)

Joseph Mitchell v. Stephen W. Tilton, and another

Massachusetts Appellate Division, Southern District.

January 30, 2001.


Attorney(s) appearing for the Case

Alfred P. Farese, Jr., for the plaintiff.

Ellen B. Kaplan for the defendants.

Present: Wheatley, P.J., Welsh & Creedon, JJ.


Creedon, J.

This appeal is brought under Dist./Mun. Cts. R. A. D. A., Rule 8C. We are asked by the defendants, Stephen and Roberta Tilton ("the Tiltons"), to decide whether the trial judge erred in finding that they, as sellers of property, did not have a right, under the terms of a purchase and sales agreement for the property, to retain a $10,750.00 deposit paid by Joseph Mitchell ("Mitchell") toward the purchase...

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