Legal Opinion

Augustine v. Rogers

Massachusetts Appeals Court

Decided June 3, 1999No. 97-P-0311PublishedCited by 9 opinions

1Opinion of the Court

On appeal, the plaintiff claims the trial judge made four errors. We address each of them in turn.

1. Liability of the real estate agent. The judge found “that Vieira did not make any misrepresentations that tended to influence the buyer ... to enter into the transaction” because “Vieira did not receive any information from Raymond Rogers with respect to the home heating fuel oil contamination at the mobile home site.” Although, as the plaintiff argues, there was evidence from which a fact finder could have found liability against Vieira, and the advisory jury did so, there was also evidence…

2Cases cited10 opinions

  1. Nei v. BurleyMassachusetts Supreme Judicial Court · 1983
  2. New England Canteen Service, Inc. v. AshleyMassachusetts Supreme Judicial Court · 1977
  3. Powers v. H.B. Smith Co.Massachusetts Appeals Court · 1997
  4. The Ltv Corporation v. Gulf States Steel, Inc. Of AlabamaCourt of Appeals for the D.C. Circuit · 1992
  5. Cajun Electric Power Cooperative, Inc. v. Riley Stoker CorporationCourt of Appeals for the Fifth Circuit · 1990

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3Cited by9 opinions

  1. Astra USA, Inc. v. BildmanMassachusetts Supreme Judicial Court · 2009
  2. Billingham v. DornemannMassachusetts Appeals Court · 2002
  3. McDowell v. von ThadenMassachusetts District Court, Appellate Division · 2006
  4. Thompson v. Main Street Auto Sales & Service, Inc.Massachusetts District Court, Appellate Division · 1999
  5. Commerce Insurance Co. v. SzafarowiczMassachusetts Supreme Judicial Court · 2019

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

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