SHOREY, NIMS & BARTLETT, INC v. FENOCHIETTI


1993 Mass. App. Div. 115 (1993)

Shorey, Nims & Bartlett, Inc. vs. Edward Fenochietti, and another vs. Tyler Nims, and another

Massachusetts Appellate Division, Southern District.

June 3, 1993.


Attorney(s) appearing for the Case

Clement Brown for the plaintiff.

Michael P. Mason for the defendants.

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


Hurley, J.

The plaintiff brought this action to recover payment for design services performed in connection with a subdivision plan. The defendants replied that the plaintiff owed them money for breach of warranty in performing those design services. The trial judge allowed the plaintiff's motion for judgment on the pleadings, ruling that the defendants' negligence claim is time barred and that the defendants had not stated a sufficient basis for an express warranty...

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