Johns-Manville Sales Corp. v. Barton

This is an action on a guarantee executed by Allan P. Barton whereby he guaranteed “payment of any and all indebtedness now due or hereafter to become due” to plaintiff from Barton Construction, Inc. Plaintiff seeks to obtain payment of such an indebtedness allegedly due the plaintiff by Barton Construction, Inc., in the amount of $28,000.

Defendant moved that the trial of this action be held in abeyance on the grounds that the plaintiff had previously brought, and there was presently awaiting trial, a suit against Barton Construction, Inc., in superior court in Plymouth County, Commonwealth…