AMERICAN MECHANICAL CORP. V. UNION MACHINE CO OF LYNN, INC.
485 N.E.2d 680 (1985)
NATURE OF THE CASE: This was a dispute over a breach of contract. American (P) appealed a judgment awarding nominal damages to P on P's breach of contract claim against Union (D) and dismissing P's claim of unfair and deceptive practices in violation of Mass. Gen. Laws ch. 93A, 2.
FACTS: American (P) contracted with Union (D) for P to sell its business and equipment for $135,000. D knew that P was in financial difficulty, that P was in arrears on its mortgage and that the bank was pressing P to sell. D gave P a $5,000 check as down payment on October 16, 1976, that was to be held in escrow until closing. On November 1, 1976, D repudiated the contract. The bank took possession and the equipment was eventually sold for $35,000 and on June 1, 1977, and the real estate for $55,000 at foreclosure sale. P sued D for breach of contract. The trial judge ruled that the sales price seven months from the contract date did not represent fair market value on the date of the sale and that P did not produce any evidence of fair market value on the date of the contract. Damages being the difference between the contract price and the fair market value on the date of the breach, P failed to meet his burden of proof. The trial court gave judgment to P for nominal damages. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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