Homsi v. CH Babb Co., Inc.

The plaintiffs agreed to buy an oven for the baking of Arabic bread under a contract which, as amended, provided that an adequate supply of gas would be furnished by the defendant. At the time for delivery of the oven, natural gas was not available, and the plaintiffs asked for a return of the $10,600 they had paid as a down payment on the oven. The defendant refused to return the deposit, and the plaintiffs brought this action for damages, alleging breach of contract, fraud, and unfair and deceptive acts under G. L. c. 93A. The defendant counterclaimed. The plaintiffs’ common law claims were…