Kline v. Gutzler

When the defendant seller (Gutzler) refused to deliver a deed to certain property located in Provincetown to the plaintiff buyer (Kline) as required by the purchase and sale agreement between them, Kline brought an action in the Superior Court seeking relief. He was joined in the action by the plaintiff Saada, described in the complaint as the “conditional assignee of the rights of” Kline. Gutzler failed to respond to interrogatories, and a final judgment entered in accordance with Mass.R.Civ.P. 33(a), as amended by 368 Mass. 906 (1976). She thereafter requested relief under Mass.R.Civ.P.…