BOLES v. KATZ


340 Mass. 406 (1960)

164 N.E.2d 323

FRANCIS F. BOLES, trustee, vs. ROBERT W. KATZ.

Supreme Judicial Court of Massachusetts, Norfolk.

February 12, 1960.


Attorney(s) appearing for the Case

Alan L. Lewis, for the defendant.

Melvin J. Levine, for the plaintiff.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


COUNIHAN, J.

This is an action of contract upon an account annexed for a balance due for plumbing supplies, material and labor furnished Robert W. Katz and his wife Isabelle by the plaintiff. There was a finding for Isabelle. Robert in addition to a general denial set up the statute of limitations. G.L.c. 260, § 2, as amended through St. 1948, c. 274, § 1.

The action was referred to an auditor who filed a report in favor of the plaintiff. Upon a...

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