Pion v. Pezza

Dissenting Opinion

With great reluctance, I dissent. The reluctance arises from the fact that I concede one reading of the recent case Bushnell v. Bushnell, 393 Mass. 462 (1984), could justify, if not mandate, the result reached by the court. But I suggest that the court’s reading results in ignoring the following factual outcome which unmistakably emerges from an otherwise clouded Record.

The parties entered into an agreement to purchase a lot of land for $13,000. The plaintiffs on separate occasions paid the defendants sums totalling $7,120 (which the trial judge sometimes characterizes as a…