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CAMPBELL v. TONER

2005 Mass. App. Div. 7 (2005)

Diana Butt Campbell v. Nancy C. Toner.

Massachusetts Appellate Division, Northern District.

February 2, 2005.

Attorney(s) appearing for the Case

Lisa J. Campbell for the plaintiff.

Mary P. Harrington for the defendant.

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

Coven, J.

This is a breach of contract action by plaintiff-attorney Diana Butt Campbell ("Campbell") to recover $24,466.11 in unpaid fees allegedly owed for legal services rendered in the probate of an estate for which defendant Nancy C. Toner ("Toner") was the executrix.

After a summary judgment for Toner was vacated by this Division,1 the action was tried without a jury. The trial judge found that Toner did not contract with...

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