ROGER WILLIAMS GROCERY CO. v. SYKES


357 Mass. 485 (1970)

258 N.E.2d 553

ROGER WILLIAMS GROCERY CO. vs. BERNARD G. SYKES & another.

Supreme Judicial Court of Massachusetts, Norfolk.

May 8, 1970.


Attorney(s) appearing for the Case

Bernard V. Martin for the defendant Bernard G. Sykes.

Charles Sallet, for the plaintiff, submitted a brief.

Present: WILKINS, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.


REARDON, J.

The plaintiff brought an action of contract to recover from the defendants as guarantors money allegedly due him for deliveries of merchandise to the "Big W" Supermarkets, Inc. ("Big W"), of which the defendants were stockholders. The case was heard by an auditor with findings of fact not final. An answer was filed by the defendants containing a general denial and setting forth as affirmative defences that the contract of guaranty was undated, that it...

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