Foster v. Bartolomeo

Three questions were contested when this case was tried before a Superior Court judge sitting without a jury: (1) whether the description of the real estate in the option agreement was sufficient to produce an enforceable contract; (2) whether Bartolomeo, the seller, had repudiated the contract; and (3) what were the damages. The judge found facts which established liability and assessed damages against the defendant Bartolomeo of $260,000. Judgment entered accordingly. Both sides were aggrieved by the judgment and appealed: the defendant because he was found liable and the plaintiffs because…