HOLIVER v. DEPARTMENT OF PUBLIC WORKS


333 Mass. 18 (1955)

127 N.E.2d 790

JOSEPH H. HOLIVER vs. DEPARTMENT OF PUBLIC WORKS.

Supreme Judicial Court of Massachusetts, Suffolk.

July 1, 1955.


Attorney(s) appearing for the Case

Jacob J. Spiegel, for the plaintiff, submitted a brief.

Joseph H. Elcock, Jr., Assistant Attorney General, for the defendant.

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


LUMMUS, J.

This is a proceeding to obtain a declaratory decree relative to the rights and obligations of the parties under a contract made in May, 1941, between one McGrath and the Commonwealth, acting by the department of public works, for the purchase by McGrath from the Commonwealth of land on Nashua Street in Boston for $100,000, payable $6,500 at once and the balance in eleven annual instalments of $8,500 each, with interest. The contract was assignable and was...

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