Auclair v. Thomas

At the time scheduled for the conveyance of a single-family dwelling in West Roxbury, the agent for the plaintiff buyer refused to pay the balance of the purchase price, claiming that the defendant sellers had not delivered a deed conveying title free from mortgage encumbrances as required by the parties’ purchase and sale agreement. When the sellers refused to return a $17,000 deposit, the buyer filed a complaint in the Superior Court, principally alleging breach of contract by the sellers. A judge of that court al*345lowed the sellers’ motion for summary judgment. We affirm the judgment.2

The…