notice of appeal specifying that appeal was from "findings and conclusions of law" deemed to encompass judgment where parties were not misled and treated appeal as being from such judgment
How later courts described this case
- notice of appeal specifying that appeal was from "findings and conclusions of law" deemed to encompass judgment where parties were not misled and treated appeal as being from such judgment
Written by the judges who cited it.
The opinion
*131 Brown, J.
(concurring). I fully concur in the majority opinion. In addition to my usual disdain for those litigants with unclean hands seeking equity (compare Tele-transmissions, Inc. v. David, 5 Mass. App. Ct. 864, 865 [1977] [Brown, J., concurring]), I find the defendants’ contentions as unconvincing as their acts are unconscionable.
It may well be that as between Empire and Colony, Main was the agent of Empire; however, it is clear beyond doubt to me (as it was to the trial judge) that as between the plaintiff and Colony, Main must be considered the agent of Colony. See Restatement (Second) of Agency § 14L, Comment a, Illustration 1 (1958). This is a fundamental agency principle based on commercial convenience. See Sell, Agency § 109 (1975). See also Restatement (Second) of Agency § 8A (1958).