BEATTY v. DiMARIA


1994 Mass. App. Div. 141 (1994)

Arthur J. Beatty vs. Joseph DiMaria, and another

Massachusetts Appellate Division, Southern District.

July 21, 1994.


Attorney(s) appearing for the Case

Gerald S. Garnick for the plaintiff.

James H. Quirk, Jr. for the defendants.

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


Hurley, J.

The plaintiff brought this action to recover the value of equipment converted by the defendants. After trial and a finding for the plaintiff, the defendants claimed a report.

There was evidence that in 1981 the plaintiff leased premises used as a restaurant, from the defendants. At the same time, the plaintiff purchased certain restaurant equipment from the defendants. The lease had a five year term. The purchase of the equipment was part in cash...

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