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GLAZER v. LERMAN

330 Mass. 673 (1953)

116 N.E.2d 569

SAMUEL GLAZER vs. BERTHA LERMAN (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

December 30, 1953.

Attorney(s) appearing for the Case

Louis Kobrin, for Lerman, submitted a brief.

John A. Murphy, for Glazer.

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

LUMMUS, J.

The plaintiff Glazer brings this action of contract to recover for labor and materials in the erection of a house in Lynn. In a cross action of contract the plaintiff Lerman seeks damages for the alleged failure by Glazer to complete the erection of the same house. Both cases were referred to an auditor whose findings of fact were to be final.

The following facts were found by the auditor. In the autumn of 1949 the parties orally agreed that Glazer...

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