Legal Opinion
Monadnock Display Fireworks, Inc. v. Town of Andover
Massachusetts Supreme Judicial Court
Decided February 11, 1983PublishedCited by 73 opinions
1Opinion of the CourtO’Connor, J.
The plaintiff, Monadnock Display Fireworks, Inc. (Monadnock), appeals from a judgment for the defendant, the town of Andover, which was based on the doctrine of sovereign immunity. We hold that sovereign immunity is not a defense to Monadnock’s claim for indemnity grounded on breach of contract, and we reverse the judgment.
The original complaint alleged a right of contribution toward a payment of $66,000 made by Monadnock to Rob ert DePierre in settlement of an earlier action commenced by DePierre, through his father, against Monadnock, Andover, and others. The earlier action had been brought…
2Cases cited14 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
- Liberty Mutual Insurance v. WesterlindMassachusetts Supreme Judicial Court · 1978
- City of Lowell v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1943
- Whittle v. Pagani Bros. Construction Co.Massachusetts Supreme Judicial Court · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Yakubowicz v. Paramount Pictures Corp.Massachusetts Supreme Judicial Court · 1989
- Flattery v. GregoryMassachusetts Supreme Judicial Court · 1986
- Fireside Motors, Inc. v. Nissan Motor Corp. in U.S.A.Massachusetts Supreme Judicial Court · 1985
- Royal-Globe Insurance v. CravenMassachusetts Supreme Judicial Court · 1992
- Cremins v. ClancyMassachusetts Supreme Judicial Court · 1993
68 more not listed; retrieve them via the Exa API.