Murphy v. Roppolo-Prendergast Builders, Inc.

James M. Murphy brought this declaratory judgment action against Roppolo-Prendergast Builders, Inc. (Roppolo), seeking the return of his down payment made pursuant to a written agreement for the purchase of a condominium unit to be built by Roppolo. The trial court, after a hearing, granted Murphy’s motion for judgment on the pleadings. Roppolo filed a motion to vacate the judgment and sought leave to amend its original answer. The motion was denied and Roppolo appeals.

On October 7, 1978, plaintiff and defendant entered into a condominium purchase agreement whereby plaintiff agreed to…