T.W. Nickerson, Inc. vs. Fleet National Bank

Summary

The court affirmed judgment for Fleet on the claims that it breached the implied covenant of good faith and fair dealing and violated G. L. c. 93A. Fleet had neither the intent nor the power to sell the property after determining that the trust would terminate, and the plaintiff presented no evidence that Fleet acted with an improper motive or otherwise lacked good faith. The court also held that the plaintiff's challenge to the propriety of the trust termination was waived and that the plaintiff lacked standing to challenge the trust's administration.