MONIZ EXCAVATING COMPANY, INC. v. TUPICK


1990 Mass. App. Div. 168 (1990)

Moniz Excavating Company, Inc. vs. Norman F. Tupick and another

Massachusetts Appellate Division, Southern District.

September 28, 1990.


Attorney(s) appearing for the Case

John M. Pelletier for the plaintiff.

Alan Seewald for the defendants.

Present: Dolan, P.J., Shubow & Lombardo, JJ.


Shubow, J.

This controversy is before us on a petition to establish a report, pursuant to Rule 64(c) of Dist./Mun. Cts. R. Civ. P., accompanied by a draft report. The plaintiff prevailed at trial on its claim as the purchaser of a truck at an auction against the vehicle owner who refused delivery, thus repudiating the results of the bidding, but lost on its claim against the auctioneer. The judge found that "[t]he auction was, at all times, conducted in a proper manner...

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