EARNEST v. AIRPORT MOTORS, INC.


1999 Mass. App. Div. 44 (1999)

Wayne L. Earnest v. Airport Motors, Inc.

Massachusetts Appellate Division, Southern District.

February 8, 1999.


Attorney(s) appearing for the Case

Deborah L. McCutcheon for the plaintiff.

Russell N. Wilkins and Keir J. Bedling for the defendant.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.


Aguiar, J.

This appeal raises the issue of whether the trial court erred in finding for the defendant on the issues of a breach of contract, fraud, and violation of Chapter 93A.

We find there was no error.

This action is for unfair and deceptive practices in the sale of a truck. The plaintiff offered evidence that the defendant dealership represented the truck was new when in fact it had been used as a snowplow and was also defective. The defendant...

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