Halloran & Sage represented the plaintiff in a breach of contract action against the defendant and secured a judgment in the plaintiff’s favor following a hearing in damages. The defendant appealed and the Appellate Court affirmed the judgment.

The defendant’s first argument was procedural. The plaintiff had filed an amended complaint at the direction of the court after discovering a scrivener’s error regarding the return date. The defendant, who had been defaulted for failure to plead to that point, attempted to file an answer which the trial court refused. On appeal, she argued that the amendment conferred upon her the right to plead, notwithstanding the default. The Appellate Court disagreed because the amendment served merely to correct the return date.

The defendant’s second argument related to the propriety of the trial court’s enforcement of the original contract between the parties, as opposed to a second agreement drafted after the defendant had breached the original. The defendant argued that the second agreement was the only enforceable agreement because of its complete integration clause stating that it superseded any prior writings. The Appellate Court disagreed, finding the subsequent agreement was not supported by consideration because it was nothing more than a promise to do something the promisor was already legally obligated to do.

The plaintiff, a purchaser of land, brought a claim for negligent misrepresentation against the sellers and their agent…