Flanagan v. Kelly's System of New England, Inc.

This is an appeal by the plaintiff, sometimes hereafter referred to as “Flanagan,” from a judgment entered in the Superior Court after a jury-waived trial denying and dismissing his complaint. The record of this appeal gives one a bit óf an insight into what has become a phenomenon in our country, the so-called fast-food franchise.

Franchising is an arrangement whereby the franchisor who has developed a successful retail product extends the right to engage in the business to his franchisees. For this right, the franchisee usually pays to the franchisor an initial sum plus a percentage of the…