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NASSIF v. BOSTON & MAINE RAILROAD

340 Mass. 557 (1960)

165 N.E.2d 397

DAVID NASSIF & others, trustees, vs. BOSTON AND MAINE RAILROAD.

Supreme Judicial Court of Massachusetts, Suffolk.

March 15, 1960.

Attorney(s) appearing for the Case

Arthur L. Brown & Lawrence R. Cohen, (Albert R. Mezoff & Thomas E. Goode with them,) for the defendant.

George A. McLaughlin, (Arthur M. Gilman with him,) for the plaintiffs.

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

CUTTER, J.

This is a bill in equity by the trustees of Nassif Realty Trust (the trust) to compel the defendant (the railroad) to convey premises (the option area) on Rutherford Avenue in Charlestown. The trust alleged that it had exercised an option under an indenture of January 15, 1954 (the 1954 indenture) to purchase the option area which is near land acquired by the trust from the railroad in 1952. The trial judge concluded...

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