Legal Opinion

Thomas v. Massachusetts Bay Transportation Authority

Massachusetts Appeals Court

Decided December 15, 1995No. 94-P-916PublishedCited by 8 opinions

1Opinion of the CourtKass, J.

In the context of an agreement to settle litigation, the parties bring before us a variant of the old and recurring question: have they by speech and acts agreed on all material points so that the signing of a document would merely memorialize their agreement, or did their understanding require that documents be signed before they would be bound to their settlement? See Hubbard v. Peairs, 24 Mass. App. Ct. 372, 378 (1987); Goren v. Royal Invs. Inc., 25 Mass. App. *538Ct. 137, 140 & n.3 (1987); Restatement (Second) of Contracts § 27 (1979).

A judge of the Superior Court, who had presided over…

2Cases cited10 opinions

  1. Massachusetts Municipal Wholesale Electric Co. v. Town of DanversMassachusetts Supreme Judicial Court · 1991
  2. Goren v. Royal Investments Inc.Massachusetts Appeals Court · 1987
  3. Dominick v. DominickMassachusetts Appeals Court · 1984
  4. Wood v. Roy Lapidus, Inc.Massachusetts Appeals Court · 1980
  5. Commerce Insurance v. KochMassachusetts Appeals Court · 1988

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

3Cited by8 opinions

  1. Halstrom v. DubeMassachusetts Supreme Judicial Court · 2019
  2. DSF Investors, LLC v. Lyme Timber Co.Massachusetts Superior Court · 2004
  3. Borden Chemical, Inc. v. Jahn Foundry Corp.Massachusetts Appeals Court · 2005
  4. Pickering Wharf Realty Trust v. Victoria Station Salem, Inc.Massachusetts District Court, Appellate Division · 2006
  5. Davey v. Acklie GroupMassachusetts Superior Court · 2004

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

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