Clow Corp. v. Avon Construction Co.

Massachusetts Appeals Court

Clow Corp. v. Avon Construction Co.

327 N.E.2d 901, 3 Mass. App. Ct. 752

DecidedMay 20, 1975

StatusPublished

This text of 327 N.E.2d 901 (Clow Corp. v. Avon Construction Co.) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clow Corp. v. Avon Construction Co., 327 N.E.2d 901, 3 Mass. App. Ct. 752 (Mass. Ct. App. 1975).

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Opinion

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.

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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.

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Bluebook (online)

327 N.E.2d 901, 3 Mass. App. Ct. 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clow-corp-v-avon-construction-co-massappct-1975.

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