PAPPONE v. MASTERS


325 Mass. 437 (1950)

90 N.E.2d 907

ANTHONY PAPPONE & another vs. LEONARD O. MASTERS.

Supreme Judicial Court of Massachusetts, Middlesex.

March 7, 1950.


Attorney(s) appearing for the Case

R.E. McCarthy, (J.C. Lacy with him,) for the plaintiffs.

No argument nor brief for the defendant.

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


QUA, C.J.

The bill alleges that the plaintiffs and the defendant entered into an agreement in writing by which the plaintiffs were to sell and the defendant was to purchase an ice cream business in Somerville; that the defendant was to assume a $4,000 personal property mortgage which the plaintiffs had previously given to The First National Bank of Boston; that the plaintiffs performed the agreement by transferring the property, but the defendant did not perform his...

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