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ROSS & ROBERTS, INC. v. SIMON

326 Mass. 12 (1950)

92 N.E.2d 570

ROSS AND ROBERTS, INC. vs. MAURICE SIMON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 5, 1950.

Attorney(s) appearing for the Case

H.B. Ehrmann, for the plaintiff.

S.H. Rudman, (F.L. Swift with him,) for the defendant Simon.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & COUNIHAN, JJ.

SPALDING, J.

This is a suit to compel specific performance of an agreement to sell certain calendering machinery used in the production of plastic sheets.1 The case comes here on the plaintiff's appeal from a final decree dismissing its bill. The evidence is reported and the judge made findings of fact.

We summarize the facts as follows: On September 29, 1948, the plaintiff corporation through one Ross, its president, executed...

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