Chertok v. Kassabian
Cases that cite this one
10 later published cases cite this decision.
- Cohen v. Weiner & Glover Realty, Inc. (Massachusetts District Court 1981)
- Cohen v. Weiner (Mass. Dist. Ct., App. Div. 1981)
- Caruso v. Pierce (Mass. Dist. Ct., App. Div. 1972)
- La Vallee v. Cataldo (Mass. Dist. Ct., App. Div. 1961)
- Vander Realty Co. v. Gabriel (Mass. Dist. Ct., App. Div. 1955)
- MacUrdy v. Carver (Mass. 1952)
- Berger v. Siegel (Mass. 1952)
- Lafond v. Frame (Mass. 1951)
- Devore v. Good (Mass. 1947)
- Beck v. Doore (Mass. 1946)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is an action to recover a deposit made on account of the purchase price at the time of signing an agreement in writing whereby the plaintiff was to buy and the defendants to sell certain real estate. The evidence need not be narrated. Although conflicting, it justified the finding of the trial judge that “the plaintiff has never been able, ready and willing to carry out his agreement with the defendant.” This finding bars recovery. Carpenter v. Holcomb, 105 Mass. 280, 284. Sleeper v. Nicholson, 201 Mass. 110. Clearly the plaintiff did not offer to perform his part of the agreement according to its terms. The tender of a certified check of a third person accompanied by refusal by the plaintiff to get it cashed at the request of the defendants was not the equivalent of payment “in cash”
Order dismissing report affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.