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WALLACE MOTOR SALES v. AMERICAN MOTORS SALES CORP.

Nos. 85-1261, 85-1283.

780 F.2d 1049 (1985)

WALLACE MOTOR SALES, INC., Ralph E. Wallace, Plaintiffs and Third-Party Defendants, Appellants, v. AMERICAN MOTORS SALES CORPORATION, Defendant, Appellee. WALLACE MOTOR SALES, INC., Plaintiff, Appellee, v. AMERICAN MOTORS SALES CORPORATION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 19, 1985.

Attorney(s) appearing for the Case

Daniel A. Laufer with whom Myers & Laufer, Concord, N.H., Barbara L. Moore and Cooley, Manion, Moore & Jones, P.C., Boston, Mass., were on brief for Wallace Motor Sales, Inc. and Ralph E. Wallace.

Allan J. Sullivan with whom Jeffrey N. Herman, Mark W. Pearlstein and Goodwin, Procter & Hoar, Boston, Mass., were on brief for American Motor Sales Corp.

Before BOWNES, Circuit Judge, WISDOM, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BOWNES, Circuit Judge.

I. THE PROCEDURAL HISTORY

These appeals arise out of an action brought by Wallace Motor Sales, Inc. (Wallace Motors) against American Motors Sales Corporation (AMC) for breach of contract and bad faith termination of Wallace Motors' automobile dealership franchise. AMC counterclaimed against Wallace Motors and its president and sole stockholder, Ralph E. Wallace (Wallace), for breach of the franchise agreement, misrepresentation, trademark...

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