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LEVENTHAL v. BUEHLER

346 Mass. 185 (1963)

191 N.E.2d 128

ROBERT LEVENTHAL & others vs. GEORGE V. BUEHLER & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 3, 1963.

Attorney(s) appearing for the Case

Rudolph Kass for the plaintiffs.

William A. McDermott, Assistant Corporation Counsel, for the defendant City of Boston.

Frederick W. Roche, Thomas J. Carens & Robert J. Sherer, for the defendants Buehler & another, submitted a brief.

Richard Wait for Arnold W. Hunnewell, amicus curiae, submitted a brief.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, SPIEGEL, & REARDON, JJ.

SPIEGEL, J.

The plaintiffs bring this bill in equity under G.L.c. 231A for a decree declaring that the defendants Buehler and Keating "are not relieved from their obligations" under certain contracts because of any breach by the plaintiffs "of their warranties in said contracts that apartment buildings up to a height of one hundred fifty-five feet may be built on the premises numbered 99, 109 and 111 Commonwealth Avenue...

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