Legal Opinion

Ottaway Newspaper Co. v. Harless

Massachusetts District Court, Appellate Division

Decided June 24, 1996Published

1Opinion of the Court

Martín P.J.

Ottaway Newspaper is seeking recovery from the defendant for advertising. The defendant denies any contractual relationship between himself and the plaintiff. The Trial Court found no enforceable agreement between the parties and found for the defendant. We affirm.

The burden of proof was on the plaintiff to establish a prima facie case and to establish the existence of a contractual relationship between the parties. The plaintiff did not sustain the burden.

It is clear that District Court judges are not required to act upon a requested finding of fact. NOLAN, vol. 9 M.P.S. c. 33,…

2Cases cited1 opinion

  1. Cliff Compton, Inc. v. LeonMassachusetts Supreme Judicial Court · 1969

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