Aerostatic Engineering Corp. v. Chester

In an action for breach by the defendant of the payment provisions of a written construction contract with the plaintiff, there was no merit in contentions of error in the allowance of the plaintiffs motion for summary judgment under G. L. c. 231, § 59, in that a genuine issue of material fact existed by reason of a differing prior oral agreement between the parties with respect to the terms of payment, where the unmistakable and unequivocal terms of the contract represented their complete agreement on that subject [142-143]; or in that the issue of fraud, raised by the defendant for the first time in his brief, created a genuine issue [143]; or in that genuine issues were raised by the defendant in the affirmative defences pleaded, where such issues were omitted from his counter affidavit, and in a deposition he unequivocally admitted liability [143-144].