National Radiator Corp. v. Holden

In July, 1934, the defendant Gordon Holden contracted with the Domestic Heating Company of Malden, Massachusetts, for the installation of a heating system in his dwelling in Nashua, the defendant Frances not being a party to the contract and having no title to the property. The Domestic Company guaranteed that the apparatus would heat various rooms in the house to designated temperatures when there was zero-weather outside. As will later appear, this guaranty was broken.

For some reason not appearing, the apparatus was installed by James Brothers (otherwise called James and Company), who,…