The Appeals Court affirmed, noting that the doctrine of frustration of purpose more accurately described the basis of the trial judge's decision than the doctrine of impossibility. Chase Precast Corp. v. John J. Paonessa Co., 28 Mass. App. Ct. 639 (1990). We agree.
July 31, 1990Further appellate review granted: Reported below: 28 Mass. App. Ct. 639 (1990).