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QUINCY TRUST CO. v. PEMBROKE

346 Mass. 730 (1964)

195 N.E.2d 899

QUINCY TRUST COMPANY vs. TOWN OF PEMBROKE.

Supreme Judicial Court of Massachusetts, Norfolk.

January 30, 1964.

Attorney(s) appearing for the Case

Joseph H. Cordella for the plaintiff.

Joseph F. McGaffigan for the defendant.

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

SPIEGEL, J.

This is an action of contract brought by an assignee to recover damages for an alleged failure by the defendant to pay part of an assigned debt. The case was tried in the Superior Court on a statement of agreed facts, which included a contract incorporated by reference. The judge ordered judgment for the defendant from which the plaintiff appealed.

In 1958 the defendant entered into a written contract...

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