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WILEY & FOSS, INC. v. SAXONY THEATRES, INC.

335 Mass. 257 (1957)

139 N.E.2d 400

WILEY & FOSS, INC. vs. SAXONY THEATRES, INC.

Supreme Judicial Court of Massachusetts, Worcester.

January 10, 1957.

Attorney(s) appearing for the Case

Walter H. McLaughlin, for the defendant.

Irvin E. Erb, (Donald R. Erb with him,) for the plaintiff.

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

SPALDING, J.

This case, which is an action of contract to recover for making repairs and alterations to the Gem Theatre in Fitchburg, comes here for the second time. In 332 Mass. 172 the plaintiff's exception to the direction of a verdict for the defendant was sustained. At the second trial the defendant's motion for a directed verdict was denied, and the jury returned a verdict for the plaintiff. The case now comes here on the...

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