Legal Opinion

Kerrigan v. Perenyi

Massachusetts District Court, Appellate Division

Decided July 3, 1980Published

1Opinion of the CourtRider, J.

This is a civil action in which the plaintiffs seek to recover damages for the alleged retention by the defendants of a security deposit on a parcel of land after the defendants were unable to convey a marketable title, as provided in the purchase and sale agreement signed by the parties.

In their answer, the defendants pleaded a general denial, and set up the affirmative defenses of payment and accord and satisfaction.

*614The court found for the “plaintiff’s” [sic] in the sum of $2,000.00.

At the trial there was evidence tending to show the following:

On or about July 11, 1972, the parties signed a…

2Cases cited15 opinions

  1. John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
  2. Hoffman v. City of ChelseaMassachusetts Supreme Judicial Court · 1943
  3. Strong v. Haverhill Electric Co.Massachusetts Supreme Judicial Court · 1938
  4. Heil v. McCannMassachusetts Supreme Judicial Court · 1971
  5. Godfrey v. CaswellMassachusetts Supreme Judicial Court · 1947

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