Charles River Construction Co. v. Kirksey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding damages suffered by builder for tortious interference with developers by second builder and real estate broker were subsumed in contract damage award in absence of evidence of an out-of-pocket loss to justify additional recovery
• case decided before Nei v. Burley, supra, where court held that c. 93A contemplates trial by jury
• “not surprisingly, our search of the Massachusetts cases has revealed no judgment reversed because a jury trial was improvidently granted”
• the judge properly ordered the c. 93A damages subsumed in the contract damages, disregarding the jury’s notation on the special verdict form that the G. L. c. 93A damages were not to be included in the award for contractual damages
• discussion of “right” to a non-jury trial
• no instruction on duplicative damages

Source: CourtListener parenthetical corpus (CC0).