Abdow v. Ence

The subject action was instituted by the plaintiffs seeking damages from the defendants for their failure to pay a promissory note in • accordance with its terms.

The defendants’ arfswer denied owing anything and it included affirmative. defenses asserting mutual mistake, failure to condition precedent, impossibility of performance, fraud in the inducement; and justification. Therein was also set forth the following three (3) counterclaim counts: (1) misrepresentations, made by the plaintiffs to the defendants, (2) unfair and deceptive practices as: per M.G.L. C.93A; and (3) breach of contract.