GOLFCO ACQUISITIONS, INC. v. GOLFTOWN, INC.


2004 Mass. App. Div. 141 (2004)

Golfco Acquisitions, Inc., and another v. Golftown, Inc.

Massachusetts Appellate Division, Northern District.

September 20, 2004.


Attorney(s) appearing for the Case

Daniel J. Lyne for the plaintiffs.

Joel Rosen for the defendant.

Present: Merrick, P.J., Coven & Curtin, JJ.


Coven, J.

This is a summary process action in which a judgment for possession was entered for the plaintiff-mortgagee upon the allowance of the plaintiff's motion for summary judgment. The defendant-mortgagor filed this Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal on the ground that the motion judge improperly barred its equitable defense of constructive trust.

The action arose out of a commercial relationship between the parties that began on February 28...

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