Legal Opinion
DeRosa v. Boston Bakery & Italian Food Specialty, Inc. (In Re DeRosa)
United States Bankruptcy Court, D. Rhode Island
Decided March 29, 1989No. Bankruptcy No. 8700054, Adv. No. 870077PublishedCited by 3 opinions
1Opinion of the Court
DECISION AND ORDER
ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.
Heard on December 7, 12, 13, and 14, 1988, on the complaint of the debtors, James and Roberta DeRosa, who are seeking rescission of the franchise agreement entered into with the defendants, Boston Bakery & Italian Food Specialty, Inc. and Carl DiStefano. 1 The plaintiffs’ complaint is in seven counts, but based on the facts as they appear in our findings below, our ruling on the breach of contract claim (Count two) is dispositive. 2
FINDINGS OF FACT 3
1. That the parties, after a casual meeting in March, 1986, at which they struck up a…
2Cases cited7 opinions
- Runyan v. Pacific Air Industries, Inc.California Supreme Court · 1970
- In Re Waterson, Berlin & Snyder Co.Court of Appeals for the Second Circuit · 1931
- McAlpine v. AAMCO Automatic Transmissions, Inc.District Court, E.D. Michigan · 1978
- Cbs, Inc., Plaintiff/counterdefendant Appellee/cross-Appellant v. David Merrick, Defendant/counterclaimant Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- D.C. Films, Inc. v. Best Film & Video Corp. (In Re Best Film & Video Corp.)United States Bankruptcy Court, E.D. New York · 1985
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3Cited by3 opinions
- Kelley v. Medeiros (In Re Kelley)United States Bankruptcy Court, D. Rhode Island · 1991
- Geremia v. North Atlantic Fishing, Inc. (In Re Reposa)United States Bankruptcy Court, D. Rhode Island · 1991
- In re: Western Imaging Services, Inc. v. State Insurance Fund CorporationUnited States Bankruptcy Court, D. Puerto Rico · 2006