Legal Opinion
New England Copy Specialists, Inc. v. Massachusetts State Pharmaceutical Ass'n
Massachusetts District Court, Appellate Division
Decided April 21, 1983PublishedCited by 7 opinions
1Opinion of the CourtForte, J.
This is an action for goods sold and delivered, a copying machine. The defendant in its answer filed a counterclaim under G.L.c. 93A alleging an unfair and deceptive practice.
There was evidence that the plaintiffs salesman and the defendant’s director agreed that the salesman would bring a Mita DC-131 copier to the defendant for a demonstration and trial. After the demonstration, when asked by the salesman, the director answered, “I’ll take it”. A sales order was written up. There was also evidence that the director was told that the machine would not be left at the defendant’s premises…
2Cases cited5 opinions
- DiGesse v. Columbia Pontiac Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Brodeur v. SeymourMassachusetts Supreme Judicial Court · 1944
- Graustein v. DolanMassachusetts Supreme Judicial Court · 1933
- Barton v. City of CambridgeMassachusetts Supreme Judicial Court · 1945
- James J. Derba, Inc. v. Hamilton Service, Inc.Massachusetts Supreme Judicial Court · 1969
3Cited by7 opinions
- Maccarone v. PhillipsMassachusetts District Court, Appellate Division · 1986
- Madden v. Malmart Mortgage Co.Massachusetts District Court, Appellate Division · 1984
- Murphy's Express, Inc. v. EBPJ, Inc.Massachusetts District Court, Appellate Division · 1995
- Victor Co. v. ChiozziMassachusetts District Court, Appellate Division · 1994
- McLean Hospital Corp. v. RumageMassachusetts District Court, Appellate Division · 1985
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