5 Mass. App. Ct. 821 | Mass. App. Ct. | 1977
1. It is unnecessary to consider the precise grounds on which the judge excluded the evidence concerning the possibility that Panagiotes had made false representations to Plummer as to his criminal record or his acceptability as the proposed transferee of the beer and wine license. None of the excluded evidence could have had any relevance except in conjunction with the allegation of Plummer’s amended answer in No. 187535 to the effect that Panagiotes was estopped (by reason of such representations) from relying on paragraph 6 of the purchase and sale agreement dated June 1, 1972. There was no allegation in the amended answer, nor was there any evidence or offer of proof, that Plummer had entered into that agreement or had otherwise acted in reliance on any such representations. Accordingly, there was no basis for working an estoppel against Panagiotes (see Sheehan v. Commercial Travelers Mut. Acc. Assn. of America, 283 Mass. 543, 551-552 [1933]; Cellucci v. Sun Oil Co. 2 Mass. App. Ct. 722, 728 [1974], S. C. 368 Mass. 811 [1975]), with the result that none of the excluded evidence was relevant to any issue open under the pleadings in No. 187535. There is no contention that any of that evidence had any relevance in either of the companion cases. 2. The judge did not err in directing verdicts for the defendant on all three counts of the declaration (complaint) in No. 1876. The sole question
So ordered.