United States First Circuit

In an action involving claims for breach of a guaranty agreement, summary judgment for plaintiff is affirmed where: 1) the district court did not err in rejecting a frustration of purpose defense; and 2) there was no evidence of a modification after the guaranty was executed, for purposes of supporting a defense of modification of the guaranty by oral agreement.

Appellate Information

• Decided 03/25/2008
• Published 03/25/2008

Judges

• JOHN R. GIBSON, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mitchell J. Rotbert, with whom Rotbert Law Group, LLC, was on brief for appellant.


• For Appellees:
  
• Laurence M. Johnson, with whom Davis, Malm & D'Agostine, P.C., was on brief for appellee.