Carroll v. Barberry Homes, Inc.

This action arises out of a purchase and sale agreement for eighteen house lots located in Westborough, Massachusetts. The buyer-defendant Barberry Homes, Inc. (“Barberry Homes”) admits that it breached the purchase and sale agreement when it failed to close on the second set of lots. The seller-plaintiff Gerald R. Carroll, Trustee of Gable Ridge Nominee Trust (“Gable Ridge”), who retained Barberry Homes’ $50,000 deposit as liquidated damages, seeks monies over and above the $50,000 for Barberry Homes’ breach of contract (Count I),2 misrepresentation (Count II), detrimental reliance (Count…