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REPUBLIC FLOORS v. WESTON RACQUET CLUB, CPR

No. 85-1087.

25 Mass. App. Ct. 479 (1988)

520 N.E.2d 160

REPUBLIC FLOORS OF NEW ENGLAND, INC. vs. WESTON RACQUET CLUB, INC.; CPR INDUSTRIES, INC., third-party defendant.

Appeals Court of Massachusetts, Middlesex.

March 18, 1988.

Attorney(s) appearing for the Case

Ira H. Zaleznik for Weston Racquet Club, Inc.

Charles R. Bennett, Jr., for Republic Floors of New England, Inc.

Morris M. Goldings (Ellen S. Shapiro with him) for CPR Industries, Inc.

Present: DREBEN, KASS, & SMITH, JJ.

DREBEN, J.

Republic Floors of New England, Inc. (Republic), brought this action to recover the balance due on a contract for the replacement of the playing surfaces of certain tennis courts. Because bubbles had formed on the courts' surfaces, Weston Racquet Club, Inc. (Weston), counterclaimed seeking damages from Republic and brought a third-party claim against the manufacturer of the surfacing material. A Superior Court jury found against Weston on Republic's claim...

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