Caruso v. Pierce

This is an action in contract to recover a deposit of $3,000.00 given by the plaintiffs to the defendant as a deposit on the purchase of property owned by one defendant and located at 67 to 71 Summer Street, Malden, Massachusetts. .

The plaintiffs’ declaration contained four counts. Counts 1 and 2 were for money had and received and Counts 3 and 4 were for the recovery of a deposit made on a written contract. The defendant’s answer contained a general denial, payment and the statute of limitations.

There was evidence that the plaintiffs were desirous of buying a building at 67-71 Summer Street,…