Legal Opinion

Wing v. Durkee

Massachusetts Appeals Court

Decided November 25, 1980PublishedCited by 4 opinions

1Opinion of the Court

In order to arrive at his finding (on which judgment was entered) that the defendant owed the plaintiffs $5,708.23, on account of construction work done unsatisfactorily or not done at all at the plaintiffs’ residence, the trial judge found twenty separate components of damage. We cannot say the judge’s findings on damages are clearly erroneous, as the defendant contends. As to most of the twenty subcategories of damage there is some support in the record in the form of documentary and testimonial evidence. As to the remaining components, the judge could have stitched together reasonable…

2Cases cited5 opinions

  1. Air Technology Corp. v. General Electric Co.Massachusetts Supreme Judicial Court · 1964
  2. National Merchandising Corp. v. LeydenMassachusetts Supreme Judicial Court · 1976
  3. Piper v. ChildsMassachusetts Supreme Judicial Court · 1935
  4. Colangeli v. Construction Service Co.Massachusetts Supreme Judicial Court · 1968
  5. New England Mobile Book Fair, Inc. v. City of BostonMassachusetts Appeals Court · 1974

3Cited by4 opinions

  1. Paul Sprague v. Boston and Maine Corporation, Paul Sprague v. Boston and Maine CorpCourt of Appeals for the First Circuit · 1985
  2. Akbarian v. Public Service Mutual InsuranceMassachusetts District Court, Appellate Division · 2004
  3. Starr v. RubensteinMassachusetts District Court, Appellate Division · 2004
  4. U.B. Vehicle Leasing, Inc. v. BenderMassachusetts District Court, Appellate Division · 1994

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