THE CADLE COMPANY v. VARGAS

No. 99-P-2069.

55 Mass. App. Ct. 361 (2002)

THE CADLE COMPANY v. COREENA M. VARGAS.

Court of Appeals of Massachusetts, Bristol.

July 2, 2002.


Attorney(s) appearing for the Case

Robert F. Tenney for the plaintiff.

Geoffrey A. Domenico for the defendant.

Present: LAURENCE, KAPLAN, & DREBEN, JJ.


KAPLAN, J.

Unforeseen, unusual circumstances, which arose after a guaranty of bank loans was entered into, made enforcement of the literal terms of the guaranty offensive to common sense and incompatible with good faith and fair dealing. We agree with the trial judge's decision to that effect and affirm the judgment against the plaintiff purchaser of a defaulted bank loan and in favor of the defendant guarantor. Application of the Equal Credit Opportunity Act (ECOA...

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