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Matarese v. Calise

Rhode Island Supreme Court
305 A.2d 112 (1973)


Facts

The plaintiff bought land in Italy and began construction on a building. The building ended up encroaching on the neighboring property, which was owned by Anna DiMaio. The plaintiff sought to buy DiMaio’s land, but DiMaio had moved to the United States. The plaintiff engaged the defendant to find DiMaio and arrange for his purchase of the property. The defendant did so but upon the purchase put the property in his own name. The defendant messaged to the plaintiff that he had paid DiMaio $22,000 and sought $3,000 as a down payment. The defendant in fact paid DiMaio only $3,000 total for the property. The plaintiff sent the defendant $3,000. The plaintiff sued the defendant in Rhode Island state court. At the time of the suit, the defendant lived in Rhode Island. After the suit was filed, the defendant moved back to Italy. The superior court ordered the defendant to convey the Italian property to the plaintiff. The defendant appealed.

Rule of Law

Issue

Holding and Reasoning (Paolino, J.)

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