Our Results

Our Results - 2016

Mar. 2016

Nicholas Carter and Benjamin Wish obtain judgment requiring sale of franchise location to clients

Following a four-day bench trial, Nicholas B. Carter and Benjamin J. Wish obtained a judgment requiring the sale of a Dunkin' Donuts franchise location to their clients.

A Massachusetts Superior Court judge ruled that the owner of a remodeled Dunkin' Donuts restaurant in South Weymouth, Mass., breached an agreement to sell it to the firm's clients. The judge ruled that the defendants must convey the property to the firm's clients and allow them to take over operations.

The judge found that the defendants failed to provide any valid reason to terminate the agreement.

Despite the defendants' allegation that a substituted buyer of the location constituted fraud, the judge found that the firm's clients never engaged in fraud and did not breach the agreement in any respect.

Contrary to the defendants' claims, the firm's clients had the right under the agreement to assign the property to a different entity, the judge determined, and it was the defendants who breached by refusing to sell.

Mr. Carter has successfully tried numerous cases and represented companies and individuals in a wide variety of matters, including complex business disputes involving claims of breach of contract, fraud, unfair and deceptive business practices, and franchise disputes.

Mr. Wish's trial practice includes a concentration on complex commercial litigation, and he has successfully tried a number of business disputes involving breach of contract, unfair and deceptive trade practices, and business torts in both state and federal courts.