Garrigan v. Mitchell

This is an action of contract in which the plaintiffs seek to recover a deposit of $1700 made by them under a written agreement for the purchase of certain business property in Tyngsboro, Massachusetts.

At the trial there was evidence tending to show the following facts:

On June 11, 1938 one Edward Melanson and his wife, Muriel H. Melanson were the owners of a dairy bar business known as “The Dairy King” which business they conducted on the premises owned by them on Middlesex Road, Route 3, Tyngsboro, *200Massachusetts. In addition to the real estate, the Melansons also owned the equipment and…