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HODGSON v. PHILLIPP

1988 Mass. App. Div. 40 (1988)

Harry Hodgson, Jr. and another vs. Gerald Phillipp

Massachusetts Appellate Division, Southern District.

March 4, 1988.

Attorney(s) appearing for the Case

Margaret A. Ishihara for the plaintiffs.

Richard A. Bachand for the defendant.

Present: Black, P.J., Dolan & Hurley, JJ.

Hurley, J.

The plaintiffs sued the defendant to recover for damages for breach of contract for the construction of a house. The complaint contained three counts: breach of contract, G.L.c. 93 § 48, and G.L.c. 93A. The defendant answered and counterclaimed alleging that he had not been fully paid for the building of the house. After trial and the filing of a comprehensive "Statement of Proceedings", the trial judge found for the plaintiffs on the contract claim...

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