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BRADFORD v. RICHARDS

11 Mass. App. Ct. 595 (1981)

417 N.E.2d 1234

GERALD W. BRADFORD vs. SAMUEL A. RICHARDS, JR., administrator, & others.

Appeals Court of Massachusetts, Middlesex.

March 25, 1981.

Attorney(s) appearing for the Case

Michael S. Kinson for the plaintiff.

Kenneth P. Brophy (John K. Leslie with him) for the defendants.

Present: GREANEY, ROSE, & KASS, JJ.

KASS, J.

Upon a motion for summary judgment, Mass.R.Civ.P. 56, 365 Mass. 824 (1974), a judge of the Superior Court decided that the plaintiff Bradford's quantum meruit claim was precluded by a prior judgment in a Probate Court. Despite some common factual background, we do not think that Bradford has improperly split his claims, and we reverse the judgment below.

For purposes of deciding the res judicata...

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