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Clow Corp. v. Avon Construction Co.

Appeals Court of Massachusetts
May 20, 1975
327 N.E.2d 901 (Mass. App. Ct. 1975)

Opinion

May 20, 1975.

Albert Auburn for the defendant.

Joseph D. Steinfield for the plaintiff.


The decree appealed from, whereby the plaintiff was allowed to recover for the work performed under its contract with the defendant and the latter's counterclaim was dismissed, was amply supported by the findings in the trial judge's report of material facts (compare Hayes Pump Mach. Co. v. Pitman Brown Co. 331 Mass. 240, 243 [1954]; contrast Keene v. Gould, ante, 731 [1975], and cases cited), and those findings, not being plainly wrong, must stand ( Commonwealth v. DeCotis, 366 Mass. 234, 236 [1974], and case cited). The defendant's remaining contentions need not be considered because they fall short of the requirement for argument set forth in such cases as Lolos v. Berlin, 338 Mass. 10, 13-14 (1958). Commonwealth v. Bernier, 366 Mass. 717, 720 (1975).

Decree affirmed.


Summaries of

Clow Corp. v. Avon Construction Co.

Appeals Court of Massachusetts
May 20, 1975
327 N.E.2d 901 (Mass. App. Ct. 1975)
Case details for

Clow Corp. v. Avon Construction Co.

Case Details

Full title:CLOW CORPORATION vs. AVON CONSTRUCTION COMPANY, INC

Court:Appeals Court of Massachusetts

Date published: May 20, 1975

Citations

327 N.E.2d 901 (Mass. App. Ct. 1975)
327 N.E.2d 901