Pino v. Yenof

Arnold Yenof and his brother Richard owned premises on Cross Street, Somerville (the locus). Arnold negotiated with Pino for the sale of the locus to him. On March 3, 1966, a memorandum, signed by Pino and by both Yenofs acknowledged a deposit of $4,000, referred to the locus, mentioned a total price of $10,000, and stated that the $6,000 balance would be “due upon completion and signing of passing papers.” The $4,000 was deposited in the Yenofs’ business account. Pino, with the Yenofs’ knowledge, made extensive improvements of the locus. When a prospective mortgagee’s attorney discovered two…