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ATLANTIC BUILDING CORP. v. WHYTE

341 Mass. 234 (1960)

168 N.E.2d 90

ATLANTIC BUILDING CORPORATION vs. HARRY J. WHYTE.

Supreme Judicial Court of Massachusetts, Middlesex.

June 24, 1960.

Attorney(s) appearing for the Case

Maurice Goldstein, (Henry M. Polese with him,) for the plaintiff.

Harry H. Caviston, (Earle C. Parks with him,) for the defendant.

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

COUNIHAN, J.

The declaration in this action of contract is in three counts, in the first of which the plaintiff seeks to recover the proceeds of the sale of a dwelling house in Melrose, in the second count for conversion by the defendant of funds due the United States, and in the third count for alleged overpayment by the plaintiff to the defendant on a contract to build a dwelling house on Echo Street, Malden. The defendant...

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