FLOWER v. SUBURBAN LAND CO. INC.


332 Mass. 30 (1954)

123 N.E.2d 218

DAVID FLOWER vs. SUBURBAN LAND COMPANY, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

December 13, 1954.


Attorney(s) appearing for the Case

John C. Johnston, for the plaintiff.

Maurice S. Glaser, for the defendant.

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


COUNIHAN, J.

This is an action of contract in two counts. In count 1 the plaintiff concludes that "as a result of the defendant's failure to convey an exclusive easement as agreed upon, the defendant is indebted to the plaintiff in the sum of $11,670 being the amount paid by the plaintiff to the defendant under said agreement and conveyance." Count 2 reads: "And the plaintiff says the defendant owes him the sum of $11,670 for money received by the defendant to the...

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