COOKE v. LYNN SAND & STONE COMPANY

No. 93-P-761.

37 Mass. App. Ct. 490 (1994)

640 N.E.2d 786

JAMES H. COOKE vs. LYNN SAND & STONE COMPANY & another.

Appeals Court of Massachusetts, Essex.

October 14, 1994.


Attorney(s) appearing for the Case

Robert M. Gault for the defendants.

Ralph D. Gants (Joseph F. Hardcastle with him) for the plaintiff.

Present: IRELAND, KAPLAN, & LAURENCE, JJ.


KAPLAN, J.

The plaintiff, who was a director, officer, and shareholder of a closely held corporation, sued to enforce an employment contract naming the corporation as employer and himself as employee. We hold that the contract was procured by the plaintiff in breach of his fiduciary duties and is invalid and should be denied enforcement. The plaintiff's claim for alleged misrepresention also fails.

1. The case. Lynn Sand & Stone Company (Lynn Sand...

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