HOLIHAN v. RABENIUS BUILDERS, INC.


355 Mass. 639 (1969)

246 N.E.2d 638

MARY E. HOLIHAN & another vs. RABENIUS BUILDERS, INC. & another.

Supreme Judicial Court of Massachusetts, Essex.

April 10, 1969.


Attorney(s) appearing for the Case

Thomas H. Collins for the plaintiffs.

Burton A. Shaker, for the defendants, submitted a brief.

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


WILKINS, C.J.

This is an action for breach of contract to build a house for the plaintiffs. There are two counts for the same cause of action, the first against the individual defendant, and the second against the corporate defendant. The District Court judge found for the defendants, the Appellate Division dismissed a report, and the plaintiffs appealed.

Much difficulty arises out of the form of the contract. The...

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