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P & F CONSTRUCTION CORP. v. FRIEND LUMBER CORP.

No. 89-P-1236.

31 Mass. App. Ct. 57 (1991)

575 N.E.2d 61

P & F CONSTRUCTION CORPORATION vs. FRIEND LUMBER CORPORATION OF MEDFORD (and a consolidated case).

Appeals Court of Massachusetts, Middlesex.

July 17, 1991.

Attorney(s) appearing for the Case

Judy A.S. Metcalf for Friend Lumber Corporation of Medford.

Brad W. Greenberg, for P & F Construction Corporation & another, submitted a brief.

Present: KASS, FINE, & IRELAND, JJ.

KASS, J.

For the reason that the buyer, P & F Construction Corporation ("P&F"), failed within a reasonable time to notify the seller, Friend Lumber Corporation ("Friend"), of a claimed deficiency in goods furnished, see G.L.c. 106, § 2607(3)(a), summary judgment was correctly entered for Friend.

On the basis of the affidavits and depositions served up with Friend's motion for summary judgment, we may take it to have been established as...

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