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MARLBORO SUPPLY, INC. v. WEBB SUPPLY CO.

350 Mass. 43 (1965)

213 N.E.2d 248

MARLBORO SUPPLY, INC. vs. WEBB SUPPLY COMPANY & others.

Supreme Judicial Court of Massachusetts, Middlesex.

December 31, 1965.

Attorney(s) appearing for the Case

Charles F. Mahoney for the plaintiff.

James W. Luby (John P. Garrahan with him) for Webb Supply Company.

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

WILKINS, C.J.

The defendant Peter J. Franchi is the sole proprietor of a plumbing business in Framingham. The defendant Mary R. Franchi is his wife. The plaintiff Marlboro Supply, Inc. (Marlboro) and the defendant Webb Supply Company (Webb) are competing dealers in the plumbing supply business. Each has sold to Franchi and has advanced to him substantial credits. They are Franchi's principal creditors, and are joint owners...

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