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KATZ v. BELKO; CHRISTIAN

16 Mass. App. Ct. 178 (1983)

450 N.E.2d 630

EDWARD J. KATZ, & another vs. JOHN S. BELKO; HOWARD J. CHRISTIAN, third-party defendant (and a companion case).

Appeals Court of Massachusetts, Norfolk.

June 20, 1983.

Attorney(s) appearing for the Case

Sumner H. Woodrow for Edward J. Katz & another.

Duncan S. Payne for John S. Belko.

Philip E. LaBonte for Thomas J. Giovanniello.

Arthur E. Nicholson, for Howard J. Christian, submitted a brief.

Present: HALE, C.J., ROSE, & PERRETTA, JJ.

ROSE, J.

In the case in chief the plaintiffs, Katz and the Milton Randolph Medical Laboratory, Inc. (the corporation), brought an action against Belko seeking damages for Belko's alleged failure to fulfil a guaranty provision in a written agreement dated September 27, 1974. It was claimed that the agreement was entered into between Katz as the buyer and Belko, Christian, and one Giovanniello as the sellers. However...

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