Legal Opinion
James J. Derba, Inc. v. Hamilton Service, Inc.
Massachusetts Supreme Judicial Court
Decided January 3, 1969PublishedCited by 12 opinions
1Opinion of the CourtWilkins, C.J.
Commonwealth Management, Inc. (Commonwealth) owed an amount for meat products for which the plaintiff (Derba) was about to sue. This action is to recover on an agreement by the defendant (Hamilton) to pay the indebtedness in consideration that Derba would forbear to sue Commonwealth. Hamilton’s main reliance is the Statute of Frauds, G. L. c. 259, § 1, which was the only ground of demurrer relied upon. The same defence is set up in the answer.
The demurrer was overruled. After a trial on the merits another judge found for Derba. Upon reports, the Appellate Division upheld the overruling of the…
2Cases cited6 opinions
- Barry v. SparksMassachusetts Supreme Judicial Court · 1940
- Tzitzon Realty Co. Inc. v. MustonenMassachusetts Supreme Judicial Court · 1967
- Forman v. GadouasMassachusetts Supreme Judicial Court · 1924
- MASSACHUSETTS BAR ASSOCIATION v. CroninMassachusetts Supreme Judicial Court · 1966
- Gaston Electric Co. v. American Construction Co., Inc., United StatesMassachusetts Supreme Judicial Court · 1957
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bushnell v. BushnellMassachusetts Supreme Judicial Court · 1984
- Huikari v. EastmanMassachusetts Supreme Judicial Court · 1972
- Coyne v. John S. Tilley Co.Massachusetts Appeals Court · 1974
- New England Copy Specialists, Inc. v. Massachusetts State Pharmaceutical Ass'nMassachusetts District Court, Appellate Division · 1983
- Jancsy v. Hy-land Realty, Inc.Massachusetts District Court, Appellate Division · 1976
7 more not listed; retrieve them via the Exa API.