HENRY v. MORRIS

No. 04-P-117.

62 Mass. App. Ct. 714 (2004)

EVERDON HENRY & another v. THEODORE MORRIS & another.

Appeals Court of Massachusetts.

December 23, 2004.


Attorney(s) appearing for the Case

Carroll E. Ayers for the defendants.

James E. Hoyt for the plaintiffs.

Present: ARMSTRONG, C.J., GRASSO, & GRAHAM, JJ.


Middlesex.

GRAHAM, J.

This action arises from a failed real estate transaction between the plaintiffs, Everdon Henry and Jacque Thelemaque (buyers), and the defendants, Theodore and Karen Morris (sellers). After a jury-waived trial, a Superior Court judge denied the buyers' request for specific performance and damages and ordered the return of the buyers' deposit held in escrow by the sellers' agent. On appeal, the question is whether the judge was correct...

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