CAROLET CORP. v. GARFIELD


339 Mass. 75 (1959)

157 N.E.2d 876

CAROLET CORP. vs. SAMUEL GARFIELD & others.

Supreme Judicial Court of Massachusetts, Essex.

April 17, 1959.


Attorney(s) appearing for the Case

William E. Carey, for the defendant Samuel Garfield.

Fernand A. Boudreau, for the plaintiff.

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


SPALDING, J.

This suit is on the equity side of the court solely because it seeks to reach and apply shares of corporate stock owned by two of the defendants. In essence, however, the suit is an action at law to recover for breach of a warranty given in connection with the sale of stock of Whitman Plastics, Inc.

A master, to whom the case was referred and whose report, as supplemented, was confirmed by an interlocutory decree, found the following facts: On...

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