Hamer v. Faneros

This is an action for the defendant-buyer’s alleged breach of the parties’ agreement for the purchase and sale of property in Lowell owned by plaintiff Alan L. Hamer (“Hamer”). Pursuant to a liquidated damages clause in the agreement, Hamer sought to retain the $11,000.00 purchase deposit paid by defendant John A. Faneros (“Faneros”). After the entry of a default judgment in favor of Hamer, Faneros filed a motion to vacate judgment on the ground of lack of service of process. The motion was denied, and Faneros filed this Dist./Mun. Cts. R. A. D. A., Rule 8A, expedited appeal.

This action was…