BARGHOUT v. BARRY, 13 Mass. App. Ct. 1103 (1982)

ALEXANDER S. BARGHOUT another, individually and as trustees, vs. JOHN M. BARRY.

Appeals Court of Massachusetts.
February 22, 1982.

The judgment entered on December 24, 1980, is vacated. A new judgment is to be entered which (A) bars the equity of redemption established by the earlier judgment by reason of the plaintiffs’ failure to comply with the conditions of the first and second paragraphs of that judgment and (B) awards the defendant damages in the amount of $11,345 against the plaintiff Alexander S. Barghout on the defendant’s counterclaim against that plaintiff. The defendant is to have the costs of appeal.

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