Legal Opinion
Avery v. Hughes
Court of Appeals for the First Circuit
Decided November 18, 2011No. 10-2379PublishedCited by 29 opinions
1Opinion of the Court
SELYA, Circuit Judge.
When defendant-appellant Robert W. Hughes failed to close on a real estate purchase and sale agreement (the Agreement), the seller retained his deposit, sold the property to a third party for a lower price, and assigned its claim for the price differential to plaintiff-appellee Jane C. Avery. Avery sued. The defendant resisted, arguing that the circumstances evinced the parties’ intent that the deposit would serve as liquidated damages. The district court rejected the defendant’s position and construed the Agreement as allowing the recovery of actual damages. Avery v.…
2Cases cited14 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Estate of Hevia v. Portrio Corp.Court of Appeals for the First Circuit · 2010
- Richard G. Allen v. Adage, Inc.Court of Appeals for the First Circuit · 1992
- Lassonde v. StantonSupreme Court of New Hampshire · 2008
- Restaurant Operators, Inc. v. JenneySupreme Court of New Hampshire · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Martinez v. Bloomberg LPCourt of Appeals for the Second Circuit · 2014
- Katz v. Pershing, LLCCourt of Appeals for the First Circuit · 2012
- Gray v. CummingsCourt of Appeals for the First Circuit · 2019
- Mancini v. City of ProvidenceCourt of Appeals for the First Circuit · 2018
- Harrington v. Aggregate Industries-Northeast Region, Inc.Court of Appeals for the First Circuit · 2012
24 more not listed; retrieve them via the Exa API.