Gilmore v. Century Bank & Trust Co.

Defendant Century Bank and Trust Company appeals from a judgment of the Superior Court awarding damages for breach of contract to the plaintiff, trustee for subcontractor-creditors. The trustee cross appeals from the judge’s refusal to increase the interest award on the judgment or to find for the trustee on additional theories of recovery. We accept that the judge’s findings, after trial without a jury, are supported by the detailed record and are not “clearly erroneous.” Mass.R.Civ.P. 52(a), 365 Mass. 816 (1974). In that view we affirm the judgment, rejecting both the appeal and cross…