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BOTTOMLY v. KABACHNICK

13 Mass. App. Ct. 480 (1982)

434 N.E.2d 667

MARY W. BOTTOMLY & another vs. MARVIN KABACHNICK.

Appeals Court of Massachusetts, Middlesex.

April 26, 1982.

Attorney(s) appearing for the Case

Paul G. Counihan for the plaintiffs.

Norman A. Erlich for the defendant.

Present: GREANEY, ROSE, & PERRETTA, JJ.

ROSE, J.

The plaintiffs brought suit in the Superior Court against the defendant seeking either specific performance of a memorandum of sale executed at a mortgagee's foreclosure sale or, in the alternative, money damages resulting from the alleged failure of the defendant to perform the sale.1 After argument, the defendant's motion for summary judgment was allowed, and the case was reported...

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