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Carlson v. Giacchetti
Citation:
616 N.E.2d 810 (1993)Facts
John Carlson manufactured, sold, and leased machinery used in automobile body repair. In April 1988, Carlson leased a six-tower chassis liner with a complete accessory package to Richard A. King, owner of an auto body repair shop in Quincy. The lease required monthly payments of $572.40 for sixty months, with two payments made in advance of delivery, totaling $34,344. King made only the required two advance payments and then defaulted. In October 1988, King went out of business and sold the chassis liner to Louis Giacchetti for $8,600. Giacchetti had no notice of Carlson’s interest in the machinery because Carlson did not file financing statements in the appropriate public offices until late December 1988. In April 1989, Carlson brought an action against Giacchetti for conversion and violation of Massachusetts General Laws chapter 93A when Giacchetti refused to return the chassis liner.
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