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SUPREME FUEL COMPANY v. KELLEHER

1996 Mass. App. Div. 96 (1996)

Supreme Fuel Company v. John H. Kelleher v. Ladd Martin, and another

Massachusetts Appellate Division, Municipal Court.

June 7, 1996.

Attorney(s) appearing for the Case

Gerald C. Rovner for the plaintiff.

John G. Neylon for the defendant/third-party plaintiff.

Stanley M. Postner for the third-party defendants.

Present: Hershfang, P.J., and Giles, J.

Hershfang, J.

Following a finding for plaintiff (Supreme Fuel) for the $8,139.20 balance Supreme Fuel asserted was due for unpaid oil deliveries to an apartment building defendant (Kelleher) owned, Kelleher has claimed a Report.4 For the reasons hereafter stated, we dismiss the Report.

Supreme Fuel's claim was in three counts. The first is on an account annexed. The second is in quantum meruit. The third...

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