CHARLES RIVER CONSTRUCTION CO. v. KIRKSEY


20 Mass. App. Ct. 333 (1985)

480 N.E.2d 315

CHARLES RIVER CONSTRUCTION COMPANY, INC., & others vs. JAMES N. KIRKSEY & others.

Appeals Court of Massachusetts, Middlesex.

July 10, 1985.


Attorney(s) appearing for the Case

J. Owen Todd for the defendants.

Paul S. Samson for the plaintiffs.

Present: BROWN, KAPLAN, & FINE, JJ.


FINE, J.

A substantial business deal went awry, leading to this complex litigation. Judgment entered for the plaintiff for $200,000 with interest and a $50,000 attorney fee. All parties have appealed.

Factual background. The evidence at trial would have allowed the jury to find the following facts. In 1979, two of the defendants, James N. and William Kirksey (the Kirkseys), purchased Shefford Village in Marlborough, an approved but undeveloped subdivision...

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