Scott v. Guschov

This action of contract, heard in the Superior Court by a judge without a jury, was submitted on an auditor’s report and two written contracts. The defendant’s exceptions bring before us the issue whether the judge should have ruled that on all the evidence judgment for the defendant was required.

The action was for breach of a guaranty, set out in a contract dated February 21,1958, that a heating plant installed by the defendant under a building construction contract of April 10, 1957, “will function so as to maintain a temperature of 72 degrees Fahrenheit throughout the inside of the…