Mehan v. Gershkoff

This is an action in assumpsit brought to recover damages for an alleged breach of an oral contract. The case was tried by a justice of the superior court sitting without a jury, and resulted in a decision for the defendants. The plaintiff is now prosecuting an exception to that decision in this court.

It is not disputed that an oral agreement was entered into between plaintiff and the two defendants, but there is a conflict as to what precisely constituted the terms and conditions of that agreement. The record discloses that the parties to this action met several times in 1948 after defendant…