JAMES J. DERBA, INC. v. HAMILTON SERVICE, INC.


355 Mass. 127 (1969)

243 N.E.2d 178

JAMES J. DERBA, INC. vs. HAMILTON SERVICE, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

January 3, 1969.


Attorney(s) appearing for the Case

Jerome P. Facher for the plaintiff.

Harold Lavien for the defendant.

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


WILKINS, C.J.

Commonwealth Management, Inc. (Commonwealth) owed an amount for meat products for which the plaintiff (Derba) was about to sue. This action is to recover on an agreement by the defendant (Hamilton) to pay the indebtedness in consideration that Derba would forbear to sue Commonwealth. Hamilton's main reliance is the Statute of Frauds, G.L.c. 259, § 1, which was the only ground of demurrer relied upon. The...

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