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AMERICAN DISCOUNT CORP. v. KAITZ

348 Mass. 706 (1965)

206 N.E.2d 156

AMERICAN DISCOUNT CORPORATION vs. HASKELL A. KAITZ & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 1, 1965.

Attorney(s) appearing for the Case

Marcien Jenckes (William B. Dockser with him) for the plaintiff.

Robert W. Blakeney (Alfred Sigel with him) for the defendants Kaitz & another.

Harold Lavien (Lionel H. Perlo & Joshua A. Guberman with him) for the defendant Kaplan.

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

WILKINS, C.J.

This action in contract and in tort for negligent performance of contracts for making audits of the plaintiff, American Discount Corporation, a corporation of Massachusetts (Discount), is in four counts. Counts 1 and 2 are for breach of contract. Counts 3 and 4 are in tort for negligence. Counts 1 and 3 are by Discount. Counts 2 and 4 are by three of the five directors of Discount.2 The three defendants were partners. They...

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