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WASSERMAN v. ROACH

336 Mass. 564 (1958)

146 N.E.2d 909

MAX WASSERMAN vs. MARTIN J. ROACH & another.

Supreme Judicial Court of Massachusetts, Norfolk.

January 2, 1958.

Attorney(s) appearing for the Case

Harold Rosenwald, (Joseph H. Rosenshine & Hugh D. Rogovin with him,) for the plaintiff.

Louis L. Green, for the defendants, submitted a brief.

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

WILKINS, C.J.

This is an action of contract to recover the proceeds of a check, which had been given as a deposit on the purchase of a parcel of vacant land on Ash Street, Weston. The case was referred to an auditor whose findings of fact were to be final. The judge allowed a motion for judgment for the defendants on the auditor's report. The plaintiff's exceptions raise the question of the correctness of that ruling, which...

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