Fennell v. Wyzik

This is an action in common law deceit arising out of a sale of real estate brought by the plaintiff buyers against the defendant sellers. The judge, sitting without a jury, denied the defendant Edward Wyzik’s motion for a directed verdict brought at the close of the plaintiffs’ case (Mass. R. Civ. P. 41[b][2], 365 Mass. 804 [1974]) and, when the defendants presented no evidence, entered judgment for the plaintiffs. Although both defendants filed appeals, defendant Geraldine Wyzik subsequently withdrew her appeal, leaving the only issue on appeal that of whether defendant Geraldine was acting…