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AVERY v. HUGHES

No. 10-2379.

661 F.3d 690 (2011)

Jane C. AVERY, Plaintiff, Appellee, v. Robert W. HUGHES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 18, 2011.

Attorney(s) appearing for the Case

William C. Saturley , with whom Preti, Flaherty, Beliveau & Pachios, LLP was on brief, for appellant.

Martin P. Honigberg , with whom Sulloway & Hollis, P.L.L.C. was on brief, for appellee.

Before BOUDIN, SELYA and HOWARD, Circuit Judges.

SELYA, Circuit Judge.

When defendant-appellant Robert W. Hughes failed to close on a real estate purchase and sale agreement (the Agreement), the seller retained his deposit, sold the property to a third party for a lower price, and assigned its claim for the price differential to plaintiff-appellee Jane C. Avery. Avery sued. The defendant resisted, arguing that the circumstances evinced the parties' intent that the deposit would serve as liquidated damages. The district...

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