GOLDBERG v. AUTO DRIVEAWAY COMPANY


1985 Mass. App. Div. 80 (1985)

Sandra E. Goldberg vs. Auto Driveaway Company

Massachusetts Appellate Division, Northern District.

April 18, 1985.


Attorney(s) appearing for the Case

Phillip D. Moran for the plaintiff.

Marc Padellaro for the defendant.

Present: Cowdrey, P.J., Forte & Jodrey, JJ.


Forte, J.

This is an action in contract and tort wherein the plaintiff seeks recovery for the damages to her motor vehicle and for loss of use of said vehicle.

There was evidence through the plaintiff's only witness, her husband-doctor, that as her agent a contract was entered into with the defendant whereby the defendant was to have the plaintiff's motor vehicle driven from Florida to Swampscott, Mass. One clause in said contract reads in part:

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