BREEDEN v. HIT PUBLICATIONS


2001 Mass. App. Div. 11 (2001)

Richard C. Breeden v. Hit Publications, and another

Massachusetts Appellate Division, Southern District.

January 30, 2001.


Attorney(s) appearing for the Case

Robert Osol for the plaintiff.

Ron S. Jansson for the defendants.

Present: Sabra, Creedon & Winslow, JJ.


Winslow, J.

The defendants, lessees of a Risograph model 3750, with console, computer interface and four color drums used for magazine production (the "equipment"), resisted the plaintiff financing lessor's summary judgment motion for overdue lease payments on the grounds that the equipment had ceased properly to function. The defendants asserted that the equipment lessor, not a party to this action, had breached an agreement to maintain the equipment in good working...

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