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BERWICK & SMITH CO. v. SALEM PRESS, INC.

331 Mass. 196 (1954)

117 N.E.2d 825

BERWICK AND SMITH COMPANY vs. SALEM PRESS, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

March 4, 1954.

Attorney(s) appearing for the Case

Timothy H. Donohue, for the defendant.

Thomas D. Burns, (Lee M. Friedman with him,) for the plaintiff.

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

SPALDING, J.

In this action of contract the plaintiff had a verdict which was recorded under leave reserved. The question for decision is whether the judge erred in denying the defendant's motion to enter a verdict in its favor. In determining whether such a motion should be granted the same test is applied as in the case of a motion for a directed verdict. Holton v. Shepard, 291 Mass. 513, 515. Potter<...

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