KAUFMAN v. LEARD


356 Mass. 163 (1969)

248 N.E.2d 480

IRVING KAUFMAN & another vs. LEITH L. LEARD & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 5, 1969.


Attorney(s) appearing for the Case

Carl M. Sapers for Arthur H. Brooks, Jr.

Sally A. Corwin for E.J. Noel & Sons, Inc.

Neil A. Cooper (Ralph B. Dunn with him) for Leith L. Leard.

George E. Lodgen (Geoffrey D. Wyler with him) for the plaintiffs.

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


WHITTEMORE, J.

The plaintiffs (the Kaufmans) brought a bill in equity under G.L.c. 214, § 3 (3), so as to have disposed of in one proceeding the claims arising out of the remodeling in 1961 of their house at 147 Highland Avenue, Newton. These included a pending action by the general contractor (the defendant Leith L. Leard), a pending suit by the painter (the defendant E.J. Noel & Sons, Inc. [Noel]), and the Kaufmans' claim against the architect (the defendant...

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