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THOMAS v. MASSACHUSETTS BAY TRANSP. AUTHORITY

No. 94-P-916.

39 Mass. App. Ct. 537 (1995)

VICTOR THOMAS, administrator, vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY & another.

Appeals Court of Massachusetts, Suffolk.

December 15, 1995.

Attorney(s) appearing for the Case

Louis A. Guidry for the plaintiff.

John J. Bonistalli for the defendants.

Present: KASS, GILLERMAN, & LENK, JJ.

KASS, J.

In the context of an agreement to settle litigation, the parties bring before us a variant of the old and recurring question: have they by speech and acts agreed on all material points so that the signing of a document would merely memorialize their agreement, or did their understanding require that documents be signed before they would be bound to their settlement? See Hubbard v. Peairs, 24 Mass.App.Ct. 372

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