SCHWARTZ v. ABBOTT MOTORS, INC.


344 Mass. 28 (1962)

181 N.E.2d 334

ALLEN B. SCHWARTZ & others, trustees, vs. ABBOTT MOTORS, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

March 30, 1962.


Attorney(s) appearing for the Case

Ralph Arnoldy, for the plaintiffs.

Robert S. Marsh, for the defendant.

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


KIRK, J.

This is an action of contract wherein the plaintiffs seek to recover damages for the breach of a conditional sale contract allegedly assigned to them by the defendant. The judge found for the defendant. The Appellate Division dismissed the report. The plaintiffs have appealed.

Two questions are presented for our determination. Each relates to an independent ground for the judge's decision. We consider both.

1. The first question is whether...

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