ABDOW v. ENCE


1986 Mass. App. Div. 93 (1986)

Henry P. Abdow and another vs. D. William Ence, Jr. and another

Massachusetts Appellate Division, Western District.

July 3, 1986.


Attorney(s) appearing for the Case

Gregory V. Roach for the plaintiffs.

Robert R. White for the defendants.

Present: Turcotte, P.J., McGuane & Lenhoff, JJ.


Lenhoff, J.

The subject action was instituted by the plaintiffs seeking damages from the defendants for their failure to pay a promissory note in accordance with its terms.

The defendants' answer denied owing anything and it included affirmative defenses asserting mutual mistake, failure to condition precedent, impossibility of performance, fraud in the inducement; and justification. There in was also set forth the following three (3) counterclaim counts:...

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