[Download] "Aerostatic Engineering Corp. v. Chester" by Appeals Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Aerostatic Engineering Corp. v. Chester
- Author : Appeals Court of Massachusetts
- Release Date : January 02, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
In an action for breach by the defendant of the payment provisions of a written construction contract with the plaintiff, there was no merit in contentions of error in the allowance of the plaintiffs motion for summary judgment under G. L. c. 231, ร§ 59, in that a genuine issue of material fact existed by reason of a differing prior oral agreement between the parties with respect to the terms of payment, where the unmistakable and unequivocal terms of the contract represented their complete agreement on that subject [142-143]; or in that the issue of fraud, raised by the defendant for the first time in his brief, created a genuine issue [143]; or in that genuine issues were raised by the defendant in the affirmative defences pleaded, where such issues were omitted from his counter affidavit, and in a deposition he unequivocally admitted liability [143-144].