348 Mass. 777 | Mass. | 1964
Exceptions overruled. Appeal dismissed. This is an action of contract to recover damages for breach of a written agreement to purchase the plaintiff’s stock in a corporation which owns and operates WORL, a small “daytime” radio station. The only evidence before the judge was-the auditor’s report and the exhibits. The judge denied the defendant’s motion for judgment on the report and found for the plaintiff. The-agreement in question contained a warranty by the plaintiff that “no material adverse change in the financial condition and affairs of . . . [the-corporation], other than those resulting from normal station operations,, has taken place since June 30, 1958, nor will take place up to the time of closing.” In finding that no breach of this warranty occurred, the auditor