Beaver Brook Farms, Inc. v. Towers Realty Investors, Inc.

This appeal raises the issue of whether it was error for the motion judge to refuse to vacate the default judgment against the defendant where the defendant’s attorney was served with process but did not have authority from the defendant to accept service of process.

We find there was error.

In July 1977, Beaver Brook Farms, Inc., a Massachusetts corporation, as seller, and Towers Realty Investors, Inc., a Massachusetts corporation, as buyer, executed a purchase and sale agreement for a parcel of land in East Bridgewater. This suit alleged that defendant Towers had failed to perform in…