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PERRONCELLO v. DONAHUE

448 Mass. 199 (2007)

JOSEPH F. PERRONCELLO v. PAUL J. DONAHUE, SR., trustee.

Supreme Judicial Court of Massachusetts, Suffolk.

January 12, 2007.

Attorney(s) appearing for the Case

Mitchel S. Ross (Francis X. Hubbard with him) for the plaintiff.

Albert L. Farrah, Jr., for the defendant.

William V. Hovey, pro se, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

CORDY, J.

In this case, we must decide whether the seller of real estate is entitled to liquidated damages for the buyer's breach of the contract of sale where, subsequent to the breach, the seller obtained court-ordered specific performance from the buyer. The question is one of first impression in the Commonwealth.

A judge in the Superior Court granted summary judgment against the seller, concluding that he "got...

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