Kohl v. Silver Lake Motors, Inc.

How courts have described this case

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

• valuing settlement offer included balancing the advantage of getting the full refund for the “vehicle, which was then second hand”
• interpreting section nine and concluding that attorneys’ fees are not part of the “ ‘injury actually suffered by the petitioner’ ”
• “[R]ecovery in an action under [Chapter] 93A may not exceed the relief tendered (plus attorney’s fees incurred prior to the date of the plaintiffs rejection of the tender).”
• \A determination of reasonableness normally is a question of fact. We think that a seller asserting the protection of the statutory limitation of damages ... has the burden of proving the reasonableness of the settlement tendered\
• “A determination of reasonableness normally is a question of fact. We think that a seller asserting the protection of the statutory limitation of damages . . . has the burden of proving the reasonableness of the settlement tendered”
• where evidence showed that offer allowing buyer to exchange his 1973 vehicle for 1974 vehicle was worth at least $700.00, offer was sufficiently definite and justified court’s finding of reasonableness for purposes of c. 93A

Source: CourtListener parenthetical corpus (CC0).