Massachusetts Superior Court March 31, 2003, No. 014247 (Sword v. Biofertec, Ltd.)

Brady, J.

The plaintiff sues to recover salary unpaid under a written employment agreement with defendant. Defendant denies liability, mainly on the ground that an express contingency of the contract, namely sufficient funding from investors, never occurred. Defendant also counterclaims for damages for breach of fiduciary duty and for money lent.