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ALLEN v. KENNEDY

2003 Mass. App. Div. 185 (2003)

Gary Allen, and another v. John F. Kennedy, and another

Massachusetts Appellate Division, Western District.

November 14, 2003.

Attorney(s) appearing for the Case

Peter A. Kachajian for the plaintiffs/appellants.

Dennis McManus for the defendants/appellees.

Present: Koenigs, Brennan & Ripps, JJ.

Koenigs, J.

The defendants, under contract to buy the plaintiffs' home, cancelled the sale by written notice without stating a reason for the termination. At the same time, the defendants made a preemptive strike on the deposit held by the plaintiffs by stopping payment on the $10,000 deposit check. The plaintiffs brought suit for the deposit as liquidated damages under the contract. See Kelly v. Marx, 428 Mass. 877

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