SPILEOS v. DiCENSO


1994 Mass. App. Div. 139 (1994)

Evans N. Spileos vs. Paul DiCenso, and another

Massachusetts Appellate Division, Southern District.

July 21, 1994.


Attorney(s) appearing for the Case

Robert F. Corliss for the plaintiff.

Enid M. Starr for the defendants.

Present: Dolan, P.J., Hurley & Aguiar, JJ.


Aguiar, J.

In this action plaintiff seeks to recover for a loan he allegedly made to defendant Paul DiCenso ("DiCenso") and defendant Dental Horizon, Inc. ("Dental"). The court excluded plaintiff's offered evidence of a loan, ruling that the parol evidence rule precluded all such evidence. Plaintiff now appeals to this division from the court's finding for the defendants. We vacate the judgment and remand for a new trial.

Plaintiff's version of the facts is...

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