ZAPATHA v. DAIRY MART, INC.


381 Mass. 284 (1980)

408 N.E.2d 1370

ELAINE ZAPATHA & another vs. DAIRY MART, INC.

Supreme Judicial Court of Massachusetts, Hampden.

August 5, 1980.


Attorney(s) appearing for the Case

Joseph D. Rosenbloom for the defendant.

Edward J. Barry for the plaintiffs.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & ABRAMS, JJ.


WILKINS, J.

We are concerned here with the question whether Dairy Mart, Inc. (Dairy Mart), lawfully undertook to terminate a franchise agreement under which the Zapathas operated a Dairy Mart store on Wilbraham Road in Springfield. The Zapathas brought this action seeking to enjoin the termination of the agreement, alleging that the contract provision purporting to authorize the termination of the franchise agreement without cause was unconscionable and that Dairy...

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