In a recent decision, Cummings Properties, Inc. v. Aspeon Solutions, Inc., et al. (Lawyers Weekly No. 13-019-07), the Massachusetts District Court/Boston Municipal Court Appellate Division affirmed the state district court judge’s findings at trial that a defendant could not be held personally liable on a guaranty contained in a commercial real estate lease, which the defendant quickly signed in two places before rushing off to the airport to make a flight. This decision was affirmed by the appellate division based on the defense of fraud in the factum.


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