FRANKSTON v. FERME


2007 Mass. App. Div. 203 (2007)

Michael Frankston v. Walter Ferme, and another

Massachusetts Appellate Division, Northern District.

December 12, 2007.


Attorney(s) appearing for the Case

Joshua Tropper for the plaintiff.

Stephen M. Winnick for the defendants.

Present: Coven, Brant & Brennan, JJ.


Coven, J.

Plaintiff Michael Frankston brought this suit to recover for increased construction costs that allegedly resulted when the defendants stopped performance of their work. The defendant, Cogefit, Ltd., counterclaimed for its lost profits. After a jury-waived trial, judgment was entered on August 6, 2003 for defendant Cogefit on the plaintiff's complaint and on its counterclaim.2 On August 23, 2003, the court allowed the defendant...

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