BEAVER BROOK FARMS, INC. v. TOWERS REALTY INVESTORS, INC.


1999 Mass. App. Div. 124 (1999)

Beaver Brook Farms, Inc. v. Towers Realty Investors, Inc., and another

Massachusetts Appellate Division, Southern District.

May 20, 1999.


Attorney(s) appearing for the Case

J. Garrett Terzian for the plaintiff.

Wayne E. Scott for the defendant.

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


Aguiar, J.

This appeal raises the issue of whether it was error for the motion judge to refuse to vacate the default judgment against the defendant where the defendant's attorney was served with process but did not have authority from the defendant to accept service of process.

We find there was error.

In July 1977, Beaver Brook Farms, Inc., a Massachusetts corporation, as seller, and Towers Realty Investors, Inc., a Massachusetts corporation, as buyer...

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