BALZARINI v. WELCH


325 Mass. 434 (1950)

90 N.E.2d 838

MARTIN BALZARINI vs. PETER WELCH.

Supreme Judicial Court of Massachusetts, Essex.

March 7, 1950.


Attorney(s) appearing for the Case

G.R. Morgan, for the defendant.

C.R. Clark, for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.


WILLIAMS, J.

This is an action of contract to recover the price of merchandise sold by the plaintiff to the defendant. The answer of the defendant raises the issue of illegality of the transactions declared on as being in violation of O.P.A. regulations. The case was heard by a judge sitting without a jury and the sole evidence before him was the report of an auditor whose findings of fact were not final. Judgment for the plaintiff was entered on motion and the case...

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