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McCARTIN v. WESTLAKE

No. 92-P-760.

36 Mass. App. Ct. 221 (1994)

630 N.E.2d 283

MICHAEL T. McCARTIN & another vs. RICHARD L. WESTLAKE & others (and a companion cases).

Appeals Court of Massachusetts, Middlesex.

March 14, 1994.

Attorney(s) appearing for the Case

John A. Houlihan for Richard L. Westlake & others.

William H. Carroll for Michael T. McCartin & others.

Present: JACOBS, GILLERMAN, & PORADA, JJ.

GILLERMAN, J.

At least since Bates v. Southgate, 308 Mass. 170 (1941),4 we have witnessed the need, in cases challenging the enforceability of a contract on the claim of fraud, to resolve the conflict between providing relief to victims of the alleged fraud and fending off the threat to contractual certainty (by denying such relief). Compare Plumer v. Luce, 310 Mass. 789 (1942) (denying relief), with McEvoy...

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