Hantzes v. McMahon

This is an action of contract for money had and received against the defendant as an escrow depositary. The plaintiffs appeal from the trial judge’s sustaining defendant’s answer in abatement and overruling plaintiffs’ demurrer thereto.

This action was filed on March 6, 1972. The plaintiffs allege in their declaration that on 20 August 1971, $1,000. was paid by them to the defendant as an escrow depositary under a real estate sales agreement executed by and between a Mr. and Mrs. Patterson, Pocasset, Massachusetts, as sellers of certain property located in Fryeburg, Maine, and the plaintiffs…