O'DAY v. Theran

We draw our facts from a master’s subsidiary findings, which are binding upon us unless they are clearly erroneous, mutually inconsistent, contradictory, or vitiated in view of the controlling law. Mass.R.Civ.P. 53(e)(2), 365 Mass. 820 (1974). Selectmen of Hatfield v. Garvey, 362 Mass. 821, 825 (1973). Michelson v. Aronson, 4 Mass. App. Ct. 182,190 (1976). On April 22,1974, Gemico Corporation (Gemico), a corporation which the plaintiff and her husband, George D. O’Day (O’Day), controlled, entered into a letter agreement with the defendants concerning financing of the production and marketing…