Opinion
No. 93-P-927.
November 30, 1994.
So much of the judgment as has to do with damages is affirmed, except that the amount of damages is the $335,000 actually required to be paid by the Foster Business Trust under the settlement agreement and the revised judgment shall so reflect. The judgment is also to be revised to reflect that prejudgment interest is to be paid only from the date the trust actually parted with the $335,000. On remand, the judge shall reexamine the award of counsel fees so that they are limited to the preparation and negotiation of the option and the defense and composition of the complaint by Varrasso and Palermo.