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TYNAN v. NELSON

No. 96-P-1041.

43 Mass. App. Ct. 738 (1997)

CHARLES F. TYNAN, JR., & another v. MARK D. NELSON.

Court of Appeals of Massachusetts, Middlesex.

November 4, 1997.

Attorney(s) appearing for the Case

Annette MacMillan Vincent for the plaintiffs.

Domenic S. Terranova for the defendant.

Present: WARNER, C.J., SMITH, & JACOBS, JJ.

JACOBS, J.

The underlying action in this case involves claims by the plaintiffs of breach of contract and misrepresentation against the defendant, a developer, based upon his failure to construct water pipes to serve their property. After a 1991 bench trial in the District Court, a judge ordered judgment for the plaintiffs for $27,350 on their claims and also ruled in their favor on a counterclaim.2 The defendant timely filed a claim for...

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