GRIFFITH, J.
This action by the plaintiff to recover for goods sold and delivered to defendant Seal-Rite Aluminum Products of N.H., Inc., was brought against Seal-Rite and Michael J. Donovan as guarantor by writ returnable in March 1972. Initially the same counsel appeared for both defendants but on July 7, 1972, Seal-Rite filed in bankruptcy and on August 28, 1972, counsel withdrew their
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