Celco, Inc. v. Computer Systems Engineering, Inc.

This is before the Appellate Division on an amended report and is an action in contract in which the plaintiff, an Illinois corporation, seeks to recover the unpaid balance on an equipment rental agreement from the defendant, a Massachusetts corporation having its usual place of business in Burlington, Massachusetts.

The answer denies that the defendant was obligated to perform under the lease and raised the affirmative defenses of modification, waiver, failure of conditions precedent, prior breach, and revocation of acceptance.

There was evidence that the parties on December 15,1980 entered…