Legal Opinion

Bay Colony Marketing Co. v. Fruit Salad, Inc.

Massachusetts Appeals Court

Decided November 19, 1996No. 94-P-1796PublishedCited by 19 opinions

1Opinion of the CourtWarner, C.J.

This appeal turns on whether the Statute of Frauds, G. L. c. 259, § 7, bars the plaintiff food broker’s recovery on an oral contract for the placement of the defendant seller’s food products with various other food brokers and markets. In answer to special questions, a Superior Court jury found that the parties had an oral agreement, that the seller was in breach of that agreement, and that the broker’s damages were $50,000.1 Having properly preserved the issue, *663the seller moved for judgment notwithstanding the verdict on the basis that the Statute of Frauds barred the broker’s recovery. The…

2Cases cited16 opinions

  1. American Family Life Assurance Co. v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1983
  2. Champigny v. CommonwealthMassachusetts Supreme Judicial Court · 1996
  3. Heil v. McCannMassachusetts Supreme Judicial Court · 1971
  4. Nuclear Metals, Inc. v. Low-Level Radioactive Waste Management BoardMassachusetts Supreme Judicial Court · 1995
  5. Pappas Industrial Parks, Inc. v. PsarrosMassachusetts Appeals Court · 1987

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3Cited by19 opinions

  1. Cantell v. Hill Holliday Connors Cosmopulos, Inc.Massachusetts Appeals Court · 2002
  2. Tyler v. Michaels Stores, Inc.District Court, D. Massachusetts · 2012
  3. Turner v. StateIndiana Court of Appeals · 2001
  4. City of Boston v. RochalskaMassachusetts Appeals Court · 2008
  5. Meredith & Grew, Inc. v. Worcester Lincoln, LLCMassachusetts Appeals Court · 2005

14 more not listed; retrieve them via the Exa API.

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