Legal Opinion
Kelly v. Marx
Massachusetts Supreme Judicial Court
Decided February 10, 1999PublishedCited by 52 opinions
1Opinion of the CourtIreland, J.
John E. and Pamela B. Kelly (plaintiffs) commenced this action in the Superior Court in November, 1994, seeking to recover funds that they had paid to Steven A. and Merrill S. Marx (defendants) as a deposit for the purchase of the defendants’ property. Both parties filed cross motions for summary judgment. The Superior Court judge granted the motion of the defendants after concluding they were entitled to the deposit because the liquidated damages clause in their agreement was enforceable.
*878The Appeals Court, in a two-to-one decision, reversed the judgment and ordered the deposit returned to…
2Cases cited8 opinions
- A-Z Servicenter, Inc. v. SegallMassachusetts Supreme Judicial Court · 1956
- Lynch v. AndrewMassachusetts Appeals Court · 1985
- Guerin v. StacyMassachusetts Supreme Judicial Court · 1900
- Watson v. IngramWashington Supreme Court · 1994
- Shapiro v. GrinspoonMassachusetts Appeals Court · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
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- Harold L. Bowers (Doing Business as Hlb Technology), Plaintiff-Cross v. Baystate Technologies, Inc.Court of Appeals for the Federal Circuit · 2003
- Kunelius v. Town of StowCourt of Appeals for the First Circuit · 2009
- NPS, LLC v. MinihaneMassachusetts Supreme Judicial Court · 2008
- TAL Financial Corp. v. CSC Consulting, Inc.Massachusetts Supreme Judicial Court · 2006
47 more not listed; retrieve them via the Exa API.