Legal Opinion

128 Sales, Inc. v. Demaria

Massachusetts District Court, Appellate Division

Decided January 29, 1999PublishedCited by 2 opinions

1Opinion of the CourtGreco, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8A expedited appeal by the defendant of the denial of his Mass. R. Civ. R, Rule 60(b) motion for relief from a default judgment.

The plaintiff-car dealer brought this action for the defendant’s alleged breach of a contract to purchase a vehicle. The defendant stopped payment on a $3,000.00 deposit check and refused to take delivery of the vehicle. The complaint was filed on March 18,1997. The deputy sheriff’s return, docketed on June 2,1997, recited that the defendant was served in hand at 1:30 P.M. on May 23, 1997. The return indicated that the…

2Cases cited15 opinions

  1. Berube v. McKesson Wine & Spirits Co.Massachusetts Appeals Court · 1979
  2. Cullen Enterprises, Inc. v. Massachusetts Property Insurance Underwriting Ass'nMassachusetts Supreme Judicial Court · 1987
  3. Scannell v. Ed. Ferreirinha & Irmao, Lda.Massachusetts Supreme Judicial Court · 1987
  4. Johnson v. WitkowskiMassachusetts Appeals Court · 1991
  5. Chu Tai v. City of BostonMassachusetts Appeals Court · 1998

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3Cited by2 opinions

  1. Adams v. LamarineMassachusetts District Court, Appellate Division · 2004
  2. Tateosian v. ChakarianMassachusetts District Court, Appellate Division · 1999

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