NORTHAMPTON NATIONAL BANK v. DAN LORENZ, INC.


1981 Mass. App. Div. 2 (1981)

Northampton National Bank vs. Dan Lorenz, Inc.

Massachusetts Appellate Division, Western District.

January 6, 1981.


Attorney(s) appearing for the Case

Edward D. Etheredge for the plaintiff.

Jonathan Z. Soyweine for the defendant.

Present: Walsh, P.J., Mullaney & Larkin, JJ.


Mullaney, J.

This is an action of contract in which the plaintiff seeks to recover from the defendant $1,751.54 plus costs, interest and attorney fees. The trial court found for the plaintiff and awarded $1,751.54 plus costs and interest. On appeal, the defendant contends that (a) the alleged contract is unenforceable due to a failure of consideration; (b) the plaintiff's inaction gives rise to the defenses of laches and contributory negligence; and (c) damages were...

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