READING CO-OPERATIVE BANK v. SUFFOLK CONSTRUCTION COMPANY, INC.

SJC-11159

464 Mass. 543 (2013)

READING CO-OPERATIVE BANK v. SUFFOLK CONSTRUCTION COMPANY, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

March 13, 2013.


Attorney(s) appearing for the Case

R. Robert Popeo ( Paul J. Ricotta with him) for the defendant.

Nelson G. Apjohn ( Cynthia M. Guizzetti with him) for the plaintiff.

Present: IRELAND, C.J., SPINA, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


LENK, J.

This case requires us to determine, among other things, whether art. 9 of the Uniform Commercial Code displaces the common law on the question of the proper measure of a secured creditor's recovery under G. L. c. 106, § 9-405. We conclude that it does.

The defendant, Suffolk Construction Company, Inc. (Suffolk), contracted with Benchmark Mechanical Systems (subcontractor) for construction of elements...

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