POWERS, INC. v. WAYSIDE, INC. OF FALMOUTH


343 Mass. 686 (1962)

180 N.E.2d 677

POWERS, INC. vs. THE WAYSIDE, INC. OF FALMOUTH & another.

Supreme Judicial Court of Massachusetts, Middlesex.

March 1, 1962.


Attorney(s) appearing for the Case

Arthur J. Travers, for the defendants.

Louis Karp, (Arthur L. Murray with him,) for the plaintiff.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.


KIRK, J.

This is an appeal from a decree granting to the plaintiff Powers, Inc. (Powers), specific performance of certain provisions of a written agreement made between it and the defendant The Wayside, Inc. of Falmouth (Wayside).

We summarize the facts found in the confirmed report of the master. On December 24, 1958, Wayside conveyed to Powers by quitclaim deed certain premises in Falmouth which were operated as a summer restaurant with an alcoholic beverage...

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