Mitchell v. Tilton

This appeal is brought under Dist/Mun. Cts. R. A. D. A., Rule 8C. We are asked by the defendants, Stephen and Roberta Tilton (“the Tiltons”), to decide whether the trial judge erred in finding that they, as sellers of property, did not have a right under the terms of a purchase and sales agreement for the property to retain a $10,750.00 deposit paid by Joseph Mitchell (“Mitchell”) toward the *14purchase price of the property, when Mitchell foiled to give them written notice, as required under the mortgage contingency clause, that he would not be able to go forward with the purchase because he…