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BAY COLONY MARKETING CO., INC. v. FRUIT SALAD, INC

No. 94-P-1796.

41 Mass. App. Ct. 662 (1996)

BAY COLONY MARKETING COMPANY, INC. v. FRUIT SALAD, INC.

Court of Appeals of Massachusetts, Essex.

November 19, 1996.

Attorney(s) appearing for the Case

Bryan J. Kerman for the plaintiff.

Howard R. Perkins, Jr., for the defendant, submitted a brief.

Present: WARNER, C.J., LAURENCE, & FLANNERY, JJ.

WARNER, C.J.

This appeal turns on whether the Statute of Frauds, G. L. c. 259, § 7, bars the plaintiff food broker's recovery on an oral contract for the placement of the defendant seller's food products with various other food brokers and markets. In answer to special questions, a Superior Court jury found that the parties had an oral agreement, that the seller was in breach of that agreement, and that the broker's damages were $50,000.1

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