CLARK v. A & J TRANSPORTATION CO. INC.


330 Mass. 327 (1953)

113 N.E.2d 228

OSCAR D. CLARK vs. A & J TRANSPORTATION CO., INC., & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 18, 1953.


Attorney(s) appearing for the Case

Claude B. Cross, for the plaintiff.

Joseph E. Levine, for the defendant Leventhal.

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


SPALDING, J.

The question for decision is whether the conditional sale agreement here involved satisfied the requirements of G.L. (Ter. Ed.) c. 255, § 13A, as appearing in St. 1939, c. 509, § 1. The controversy is between the conditional vendor, hereinafter called the plaintiff, and a subsequent mortgagee, hereinafter called the defendant.

The facts are these. On April 9, 1952, the plaintiff sold to the...

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