Mervis v. Elm Street Realty Trust

This is an action pursuant to a financing contingency clause in the parties’ purchase and sale agreement to recover a deposit paid by the plaintiffs as prospective buyers of the defendants’ real estate. After trial, judgment was entered for the defendant-sellers, and the plaintiffs filed this Dist./Mun. Cts. R. A. D. A., Rule 8C appeal.

A malfunction in the recording device at trial prevented the plaintiffs from obtaining a cassette tape and preparing a transcript. While the reconstructed record, see Rule 8C(e), before us is not very clear, the following facts appear. On July 12,1996, the…