Legal Opinion

Eaton Financial Corp. v. Dunlavey

Massachusetts District Court, Appellate Division

Decided November 7, 1991Published

1Opinion of the Court

Sherman, PJ.

This is an action for breach of an equipment lease in which plaintiff-lessor, Eaton Financial Corporation (“Eaton”), seeks recovery of a deficiency balance under the lease and costs and charges incurred in the repossession and sale of the leased equipment

Defendant-lessee, Dennis Dunlavey (“Dunlavey”), admitted his execution of the equipment lease, but advanced various affirmative defenses and counterclaims in which he alleged that the equipmentwas defective; that it had not been repossessed, but was instead returned in cancellation of his obligations to all parties; that there was…

2Cases cited20 opinions

  1. Levings v. Forbes & Wallace, Inc.Massachusetts Appeals Court · 1979
  2. Liberatore v. Town of FraminghamMassachusetts Supreme Judicial Court · 1944
  3. Fireside Motors, Inc. v. Nissan Motor Corp. in U.S.A.Massachusetts Supreme Judicial Court · 1985
  4. Bay State-Spray & Provincetown Steamship, Inc. v. Caterpillar Tractor Co.Massachusetts Supreme Judicial Court · 1989
  5. Whitehall Co. v. BarlettaMassachusetts Supreme Judicial Court · 1989

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