Allen v. Kennedy

The defendants, trader contract to buy the plaintiffs’ home, cancelled the sale by written notice without stating a reason for the termination. At the same time, the defendants made a preemptive strike on the deposit held by the plaintiffs by stopping payment on the $10,000 deposit check. The plaintiffs brought suit for the deposit as liquidated damages under the contract See Kelly v. Marx, 428 Mass. 877 (1999). The defendants answered and filed a motion for judgment on the pleadings. During the hearing on the motion for judgment on the pleadings, the court accepted additional materials…