GLOUCESTER COM. PIER ASSO. v. DEHYDRATING PROCESS CO.


339 Mass. 14 (1959)

157 N.E.2d 866

GLOUCESTER COMMUNITY PIER ASSOCIATION, INC. vs. DEHYDRATING PROCESS CO. OF GLOUCESTER, INC., & another.

Supreme Judicial Court of Massachusetts, Essex.

April 8, 1959.


Attorney(s) appearing for the Case

Melvin I. Bernstein, (Carlton W. Wonson with him,) for the plaintiff.

C. Richard Clark, for Gloucester By-Products, Inc.

Harry Bergson, Jr., for Dehydrating Process Co. of Gloucester, Inc.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, & CUTTER, JJ.


RONAN, J.

This is a bill in equity brought by the plaintiff, a charitable corporation organized under G.L.c. 180, the lessee from the Commonwealth of a fish pier in Gloucester, against two sublessees of the plaintiff of portions of the pier which were vacant land when leased to the defendants and on which they subsequently erected buildings, to determine the right of the defendants to withhold from rentals, or to recover in an action against the plaintiff, the amounts...

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