Viano v. Prevett

The defendant, Edward L. Comeau (“Comeau”), filed this expedited appeal pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8A,1 claiming three errors on the part of the trial court in denying Comeau’s “motion for required finding.”2 Comeau claims the trial court improperly concluded that an alleged oral contract between the parties for the loan of $5,000.00 fell outside the Statute of Frauds (M.G.L.C. 259, §1) and was therefore enforceable; that it improperly permitted plaintiff Michael Viano (“Viano”) to testily inconsistent with the pleadings, contrary to M.G.L.C. 231, §87; and that it…