GOLDING v. 108 LONGWOOD AVENUE, INC.


325 Mass. 465 (1950)

91 N.E.2d 342

HERMAN H. GOLDING vs. 108 LONGWOOD AVENUE, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

March 8, 1950.


Attorney(s) appearing for the Case

S.B. Stein, (C. Evans with him,) for the defendant.

A.W. Parker, (S.H. Rudman with him,) for the plaintiff.

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


WILKINS, J.

This is a bill in equity to rescind a lease of an apartment in a building in the course of construction, because the rooms were smaller than represented, and to recover an advance payment of rent. The bill, as amended, is based upon fraud and, in the alternative, upon mutual mistake of fact. The defendant appealed from a final decree in favor of the plaintiff. The evidence is not reported.

The judge, made voluntary findings of material facts, which...

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