Legal Opinion

A.T. Equipment, Inc. v. Cleckley

Massachusetts Superior Court

Decided October 20, 2011No. WOCV200901305Published

1Opinion of the Court

Tucker, Richard T., J.

The plaintiff, A.T. Equipment, Inc. (“A.T. Equipment”), brought this breach of contract action against defendants John Cleckley (“Cleckley”) and Atlas Mortgage Corporation (“Atlas Mortgage”) to recover for payments due for the rental of two pieces of equipment. This action is before the court on Atlas Mortgage’s Motion for Summary Judgment on the ground that its agreement to pay for the debts owed by Cleckley to A.T. Equipment is unenforceable without a writing pursuant to G.L.c. 259, §1.4 For the following reasons, Atlas Mortgage’s Motion for Summary Judgment is DENIED.

B…

2Cases cited10 opinions

  1. Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
  2. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989
  3. Attorney General v. BaileyMassachusetts Supreme Judicial Court · 1982
  4. Bank of New York v. BaileyMassachusetts Supreme Judicial Court · 2011
  5. Pagounis v. PendletonMassachusetts Appeals Court · 2001

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