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GAINSBORO v. SHAFFER

339 Mass. 1 (1959)

157 N.E.2d 536

LEON GAINSBORO vs. BENJAMIN SHAFFER.

Supreme Judicial Court of Massachusetts, Norfolk.

April 7, 1959.

Attorney(s) appearing for the Case

Alan L. Lewis, for the defendant.

George Michaels, for the plaintiff.

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

WILLIAMS, J.

This is an action of contract for breach of an agreement to assign to the plaintiff a certain "service guarantee" relating to the roof of a house on Sharpe Road, Newton, which was sold by the defendant to the plaintiff. The agreement for sale was executed November 29, 1954, and provided for a conveyance of title on or before January 30, 1955. It contained a clause that the seller "agrees to execute an assignment...

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