Legal Opinion

Waters v. Min Ltd.

Massachusetts Supreme Judicial Court

Decided February 27, 1992PublishedCited by 61 opinions

1Opinion of the CourtLynch, J.

This case arises from a contract between Gail A. Waters (plaintiff) and “the DeVito defendants” 2 (defendants), whereby the plaintiff was to assign her annuity policy having a cash value of $189,000 to the defendants in ex change for $50,000. The plaintiff brought suit to rescind the contract on the ground of unconscionability. Defendant Min Ltd. counterclaimed seeking declaratory relief and specific enforcement of the contract. A Superior Court judge, sitting without a jury, found for the plaintiff, ordered that the annuity be returned to the plaintiff on repayment of $18,000 with interest,…

2Cases cited18 opinions

  1. Hume v. United StatesSupreme Court of the United States · 1889
  2. Commonwealth v. DeCotisMassachusetts Supreme Judicial Court · 1974
  3. Zapatha v. Dairy Mart, Inc.Massachusetts Supreme Judicial Court · 1980
  4. First Pennsylvania Mortgage Trust v. Dorchester Savings BankMassachusetts Supreme Judicial Court · 1985
  5. Campbell Soup Co. v. LojeskiCourt of Appeals for the Third Circuit · 1948

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3Cited by61 opinions

  1. Susan M. ROSENBERG, Plaintiff, Appellee, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. and John Wyllys, Defendants, AppellantsCourt of Appeals for the First Circuit · 1999
  2. Miller v. CotterMassachusetts Supreme Judicial Court · 2007
  3. Bose Corporation v. EjazCourt of Appeals for the First Circuit · 2013
  4. Skirchak v. Dynamics Research Corp.Court of Appeals for the First Circuit · 2007
  5. Thibodeau v. Comcast Corp.Superior Court of Pennsylvania · 2006

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

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