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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

section 14

Citation
section 14
Parent Document
Simon v. Solomon, 431 N.E.2d 556 (1982)
Jurisdiction
Massachusetts (state)
Effective Date
1982-01-18

Other Sections in This Document (136)

Full Text

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Solomon’s counterclaim also alleged that the floods had caused property damage — an item not covered by her recoveries for breach of warranty and infliction of emotional injury. The amount claimed, however, was far less than $10,000, and so it could not have been the basis of the verdict for interference with quiet enjoyment. As a result of our disposition of the case, Solomon’s property damage may go uncompensated. Nevertheless, we do not feel that a remand for calculation of this damage is warranted; Solomon, like Gem, failed to point out the problems in the judge’s instructions, and must now bear the consequences of the confusion in the damage awards. 13