Menendez v. Defendant

The Plaintiff paid $250,000 to lease a newly constructed, turn key donut shop under a licensed trade name. There were six such shops at the time. The seller made representations as to the sales in the other stores. The Plaintiff was unable to generate sufficient sales to pay his expenses, his lease and other obligations to the seller, and could not find a buyer for the store due to the sellers’ refusal to alter the lease terms. He ultimately walked away from the shop and retained Keith L. Miller to file an action in Suffolk Superior Court against the Seller/Licensor, claiming fraud, misrepresentation and violation of MGL c. 93A. The case was tried to a jury, which returned a verdict for the Plaintiff, including a doubling of damages under MGL c. 93A. While the Appeal was pending, the case settled after an appeal had been filed for a substantial six figure amount.