Legal Opinion
Cooke v. Lynn Sand & Stone Co.
Massachusetts Appeals Court
Decided October 14, 1994No. 93-P-761PublishedCited by 13 opinions
1Opinion of the CourtKaplan, J.
The plaintiff, who was a director, officer, and shareholder of a closely held corporation, sued to enforce an employment contract naming the corporation as employer and himself as employee. We hold that the contract was procured by the plaintiff in breach of his fiduciary duties and is invalid and should be denied enforcement. The plaintiffs claim for alleged misrepresention also fails.
1. The case. Lynn Sand & Stone Company (Lynn Sand) was a family owned company in the business described as crushed stone and ready mixed concrete manufacturing. It was founded in 1918 by the plaintiffs…
2Cases cited8 opinions
- Donahue v. Rodd Electrotype Co. of New England, Inc.Massachusetts Supreme Judicial Court · 1975
- Globe Woolen Co. v. Utica Gas & Electric Co.New York Court of Appeals · 1918
- Johnson v. WitkowskiMassachusetts Appeals Court · 1991
- Winchell v. Plywood Corp.Massachusetts Supreme Judicial Court · 1949
- Wilson v. JenningsMassachusetts Supreme Judicial Court · 1962
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Boston Children's Heart Foundation, Inc. v. Nadal-GinardCourt of Appeals for the First Circuit · 1996
- Geller v. Allied-Lyons PLCMassachusetts Appeals Court · 1997
- Haseotes v. Cumberland Farms, Inc.Court of Appeals for the First Circuit · 2002
- Tomaino v. Concord Oil of Newport, Inc.Supreme Court of Rhode Island · 1998
- James H. Cooke v. Lynn Sand & Stone Company, Trimount Bituminous Products Company, Louis E. Guyott, Ii, and Stuart LambCourt of Appeals for the First Circuit · 1995
8 more not listed; retrieve them via the Exa API.