Bradford v. Richards

Upon a motion for summary judgment, Mass.R.Civ.P. 56, 365 Mass. 824 (1974), a judge of the Superior Court decided that the plaintiff Bradford’s quantum meruit claim was precluded by a prior judgment in a Probate Court. Despite some common factual background, we do not think that Bradford has improperly split his claims, and we reverse the judgment below.

For purposes of deciding the res judicata issue, the material facts are as follows: Bradford took up tenancy in August, 1976, in an upstairs apartment of the home of the decedent, Christina N. Park. His monthly rent was $200, which he paid…