FAY v. O'CONNELL


1990 Mass. App. Div. 141 (1990)

Bruce E. Fay vs. Michael W. O'Connell

Massachusetts Appellate Division, Western District.

September 7, 1990.


Attorney(s) appearing for the Case

Roger Lynch for the plaintiff.

William E. Dwyer, Jr. for the defendant.

Present: Brennan, Larkin & Dohoney, JJ.


Brennan, J.

This case was reported to the Appellate Division of the District Court by the defendant. The underlying action was for breach of implied warranty of merchantability in which the plaintiff seeks to revoke acceptance of a pickup truck as well as relief under G.L.c. 93A. The defendant asserts that relief under 93A should not be available due to the circumstances surrounding the sale.

At trial, evidence was introduced which tended to show the following...

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