KRASNER v. BERK


366 Mass. 464 (1974)

319 N.E.2d 897

BERNARD KRASNER vs. MORTON S. BERK.

Supreme Judicial Court of Massachusetts, Norfolk.

December 5, 1974.


Attorney(s) appearing for the Case

Joseph J. Hurley for the defendant.

Frank G. Lichtenstein, Mark Lichtenstein & William L. Berger, for the plaintiff, submitted a brief.

Present: TAURO, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.


BRAUCHER, J.

The sole question presented to us in this action of contract is whether the evidence was sufficient to warrant a finding that at the time the contract was entered into by the defendant he was of unsound mind and mentally incapable of making the agreement. The trial judge denied the plaintiff's requested ruling that the evidence was insufficient, and found for the defendant, but the Appellate Division ordered the finding vacated and judgment entered for...

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