FITZMAURICE MOTOR SALES v. LUIZZI SHOE INC.


1981 Mass. App. Div. 235 (1981)

Fitzmaurice Motor Sales, Inc. vs. Luizzi Shoe, Inc.

Massachusetts Appellate Division, Southern District.

October 20, 1981.


Attorney(s) appearing for the Case

Richard J. Harb for the plaintiff.

Victor G. Fields for the defendant.

Present: Rider, Staff & Black, JJ.


Staff, J.

This is an action to recover for labor performed and materials furnished by plaintiff in repairing defendant's car.

The defendant filed a single request for rulings as follows: "Upon all the evidence, the plaintiff has failed to prove a written agreement entered into between the parties." The trial judge allowed the request, but found for the plaintiff.

The complaint recites that the plaintiff entered into an agreement whereby the plaintiff...

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