SCOTT v. GUSCHOV


348 Mass. 75 (1964)

202 N.E.2d 241

HERMON H. SCOTT & others, trustees, vs. DEMENTIAN GUSCHOV.

Supreme Judicial Court of Massachusetts, Suffolk.

October 30, 1964.


Attorney(s) appearing for the Case

James W. Kelleher for the defendant.

Edward J. Barshak for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


WHITTEMORE, J.

This action of contract, heard in the Superior Court by a judge without a jury, was submitted on an auditor's report and two written contracts. The defendant's exceptions bring before us the issue whether the judge should have ruled that on all the evidence judgment for the defendant was required.

The action was for breach of a guaranty, set out in a contract dated February 21, 1958, that a heating plant installed by the defendant under a building...

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