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Appeals Court hears oral-contract dispute over alleged $2 million sale of Salisbury properties and pizza business
Summary
On June 6 the Appeals Court considered whether a jury could reasonably have found an oral $2 million agreement to buy certain businesses and real estate, and whether the statute of frauds or evidentiary rulings required judgment for the estate.
The Massachusetts Appeals Court on June 6 heard argument in Capalupo v. Daley (docket 24P0751), a dispute over whether the decedent made an enforceable oral contract in September 2018 to sell a package of business interests and real-estate assets for $2,000,000.
Plaintiff counsel Bill Sheehan told the panel the alleged oral deal covered four items: all stock in Christie's Beach Pizza Inc.; all membership interest in 11 Broadway Holdings LLC; the real estate at 5 Broadway in Salisbury; and real estate at 24'6 North End Boulevard in Salisbury. Sheehan argued the parties partially performed the agreement (keys…
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