MURPHY'S EXPRESS, INC. v. EBPJ, INC.


1995 Mass. App. Div. 146 (1995)

Murphy's Express, Inc. v. EBPJ, Inc.

Massachusetts Appellate Division, Northern District.

November 7, 1995.


Attorney(s) appearing for the Case

James M. DeGiulio for the plaintiff.

Joseph G. Spinale, Jr. for the defendant.

Present: Sherman, P.J., Furnari & Greco, JJ.


Greco, J.

This is an action upon an account annexed for goods sold and delivered by the plaintiff to the defendant restaurant. The trial court allowed the plaintiff's Dist./Mun. Cts. R. Civ. P., Rule 56 motion for summary judgment as to liability only, and continued the matter for a hearing on the assessment of damages. After that hearing, the court awarded damages in the amount of $6,103.76 to the plaintiff. The defendant has appealed on charges of error in the court...

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