Appleby v. Wallins

In this action of contract the declaration is in two counts in each of which the plaintiff seeks to recover certain sums of money allegedly due him from both defendants. The first count is for commissions on the sales and rentals of X-ray machines and X-ray supplies and the second count is for services in the preparation of drawings and specifications for X-ray equipment to be installed in the Brusch Medical Center in Cambridge. The defendants pleaded a general denial, the statute of frauds, a condition precedent to recovery, lack of consideration, and waiver. The jury returned verdicts for…