Cold Spring Commons, LLC v. Mitchell

The parties executed an agreement for the purchase and sale of a newly constructed house and the land on which it was situated in Belchertown. No closing took place. Alleging that the defendant-purchasers had breached the agreement by refusing to proceed with the transaction, Cold Spring Commons, LLC (“Cold Spring”), the seller, brought this action to recover both the defendants’ $22,800.00 preclosing deposits and the cost of construction “extras” they had ordered. The prospective purchasers, Thomas R. and Teresa M. Mitchell (“Mitchells”), counterclaimed for the return of their deposits based…