Gurwitz v. Mercantile/Image Press, Inc.

Fecteau, Francis R., J.

Introduction

This is an action for breach of contract between an individual, Harold Gurwitz (“Gurwitz") and a corporation, Mercantile/lmage Press, Inc. (“Mercantile”). Defendant Henry T. Michie (“Michie”) is a trustee of Image Realty Trust (“the Trust”). The dispute between the parties centers on a Stock Redemption Agreement and a Security Agreement (“the Agreement”) executed by Mercantile on January 1, 2002, the terms of which Gurwitz claims Mercantile breached. Mercantile has asserted impossibility, impracticability, and frustration of purpose as affirmative defenses…