ALFEO v. DINSMORE

No. 05-P-1678.

68 Mass. App. Ct. 249 (2007)

GINA ALFEO vs. MARK T. DINSMORE & another.

Appeals Court of Massachusetts, Middlesex.

February 16, 2007.


Attorney(s) appearing for the Case

Joel A. Kozol for the defendants.

Brooke K. Richter for the plaintiff.

Present: Kafker, Graham, & Katzmann, JJ.


KATZMANN, J.

This case, arising from a dispute over the return of the plaintiff buyer's deposit under a residential real estate purchase and sale agreement, centers on whether the plaintiff had met her obligation under the mortgage contingency clause to "apply for a conventional bank or other institutional mortgage loan." A Superior Court judge determined that the plaintiff had done so. We conclude that the judge...

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