Copp v. Modern Key Shop, Inc.

This is the second report to this Division of this action in contract to recover a balance owed to the plaintiff’s testator on a promissory note executed by the defendant.

On the first appeal by the plaintiff, we vacated a judgment for defendant Modern Key Shop, Inc. on the basis of the insufficiency of the evidence reported from the first trial to sustain the court’s finding that the defendant’s satisfaction of the note was excused on the grounds of frustration of purpose. Copp v. Hague, 1994 Mass. App. Div. 11.

After a second trial on the merits, judgment was entered for the plaintiff in the…