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KEENE v. KELLEY

Nos. 2542, 2543.

49 F.2d 874 (1931)

KEENE v. KELLEY (two cases).

Circuit Court of Appeals, First Circuit.

May 16, 1931.

Attorney(s) appearing for the Case

S. Leo Solomont, of Boston, Mass. (Everts, Aldridge & Solomont, of Boston, Mass., on the brief), for appellant.

Stuart Macmillan, of Boston, Mass., and Philip G. Willard, of Cambridge, Mass. (Barker, Davison & Shattuck, of Boston, Mass., on the brief), for appellee.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

WILSON, Circuit Judge.

These actions originally brought as cross-actions grew out of a building contract. The judgment below in both cases was against the appellant. In September, 1922, Kelley, a resident of Massachusetts, entered into a contract with Keene, a resident of New York, to construct for him a summer residence and garage in East Dennis in Massachusetts for the sum of $27,842. In the declaration in the action of Kelley v. Keene, there are two counts —...

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