Massachusetts | Business Law
Legal Question
Small Claims Suit + Counterclaim re: Breach of Contract
I'm disabled & was the Plaintiff in a Bench Trial Dec. 2. I was seeking damages against a Defendant for Breach of Contract re: Sale of my business to him for $12K. He signed a Promissory Note stating he was responsible for all payments on a 2004 Explorer as compensation for sale of biz. He defaulted a # of times and destroyed my credit since I had to co-sign the note. The Judge ruled ''that since the action was brought the Defendant has omitted payments altogether and is certainly in breach of contract. Under the contract the P. is entitled to be paid the balance needed to pay off the vehicle. Based upon the evidence before me I am not persuaded as to the balance due(1)''. My Law. failed to prove amount due(Malpractice?)but the (1)
notation after the Judge's ruling states: ''Neither is this decision decisive of the future right
of any party for contributions or indemnity for payments made''. The
D. stopped making payments in Aug
08 & I've been making them since
so I'm suing for all payments I've made. In the Bench Trial the Judgement was for me, the P., but I only received nominal damages of $1.00 thanks to my Attorney. The Answer & Countercl. reflect what was already adjudicated. I'm being c-sued for $2K + face repo! PLEASEHELP
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