Wagner v. Lectrox Corp.

The plaintiff’s contention that the defendants’ motion for summary judgment was improperly allowed because he had established the existence of one or more genuine issues of material fact bearing on the enforceability of the license agreement against him is without merit. His deposition and counter affidavit did not demonstrate that such an issue existed (see Mass.R.Civ.P. 56 [e], 365 Mass. 825 [1974]; Community Natl. Bank v. Dawes, 369 Mass. 550, 553-554, 556 [1976]) and did no more than disclose that he sought relief from the terms of the agreement which he came to regard “as a bad or uneven…