HURWITZ v. CARPENZANO


329 Mass. 702 (1953)

110 N.E.2d 367

CHARLES HURWITZ vs. KENNETH CARPENZANO.

Supreme Judicial Court of Massachusetts, Suffolk.

January 29, 1953.


Attorney(s) appearing for the Case

Benjamin S. Freeman, for the plaintiff.

Richard C. Sheppard, for the defendant.

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


WILKINS, J.

This is an action of tort for the conversion of an automobile, which the plaintiff sold to one Irving Benjamin, who in turn sold it to the defendant. Both parties and Benjamin were dealers. The decisive question is whether a written agreement between the plaintiff and Benjamin was a contract of conditional sale subject to the provisions of G.L. (Ter. Ed.) c. 255, § 13A, as appearing in St. 1939, c. 509, § 1. The judge ruled that it was, and found...

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