Gainsboro v. Shaffer

This is an action of contract for breach of an agreement to assign to the plaintiff a certain “service guarantee” relating to the roof of a house on Sharpe Road, Newton, which was sold by the defendant to the plaintiff. The agreement for sale was executed November 29, 1954, and provided for a conveyance of title on or before January 30, 1955. It contained a clause that the seller “agrees to execute an assignment to the buyer of all warranties received by him from subcontractors with reference to plumbing, heating and roofing on the subject premises.” There was evidence that the defendant said…