MAXTON BUILDERS, INC. V. LO GALBO, 502 N.E.2d 184 (1986) CASE BRIEF

MAXTON BUILDERS, INC. V. LO GALBO

502 N.E.2d 184 (1986)

NATURE OF THE CASE: This was a dispute over a down payment when a sale of a house was cancelled.

FACTS: P contracted to sell a house to D. D accepted and gave P a down payment. D cancelled the contract and the check. P sued D for the down payment a right traditionally allowed under state law. The trial court denied P's motion for summary judgment. The Appellate division modified and granted judgment to P for the down payment. D appealed; he had a right to cancel and judgment should be limited to actual damages. The down payment was $21,000. The cancellation period was three days and the court held that D did not notify P of the cancellation within that time.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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