Farynaz v. Burwen

Greco, EJ.

In their complaint, the plaintiffs, William T. and Jane M. Farynaz (“the Farynazes”), sought to collect from the defendant, Eric Burwen (“Burwen”), damages in the amount of $8,300.00, which represented Burwen’s deposit, held in escrow, for the purchase of property owned by the Farynazes in Danvers, Massachusetts. Burwen failed to go through with the agreed upon purchase on the ground that he had been misled as to the condition of the property, specifically “about the presence of a stream or brook nearby.” Burwen is now appealing the grant of summary judgment to the plaintiffs.

Procedu…