Perroncello v. Donahue

In this case, we must decide whether the seller of real estate is entitled to liquidated damages for the buyer’s breach of the contract of sale where, subsequent to the breach, the seller obtained court-ordered specific performance from the buyer. The question is one of first impression in the Commonwealth.

*200A judge in the Superior Court granted summary judgment against the seller, concluding that he “got all he bargained for in accepting [the agreed sales price]; and, as such, [was] not entitled to any additional windfall.” On appeal, the Appeals Court reversed, and entered summary judgment…