Donaher v. Porcaro

Mark Donaher (landscaper) did not comply with G. L. c. 93, § 48, in that he failed to provide his customer, Peter Porcaro (customer), with written notice that the customer had three days in which to cancel a contract for landscaping services that the parties had entered into. The question presented is whether that statute, a “door to door sales act,” applies to the transaction in question. A judge of the District Court, and, thereafter, the Appellate Division of the District Court, ruled that the statute did not apply, and that the landscaper, therefore, had not violated the statute and was…