LUPIEN v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION


351 Mass. 311 (1966)

218 N.E.2d 706

ALBERT J. LUPIEN vs. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LOWELL.

Supreme Judicial Court of Massachusetts, Middlesex.

July 11, 1966.


Attorney(s) appearing for the Case

Eugene L. Tougas for the plaintiff.

Carlton W. Spencer (George G. Pierce with him) for the defendant.

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


REARDON, J.

This is an appeal from a final decree entered in favor of the defendant (the bank) upon a bill in equity brought by the plaintiff to compel the bank to convey certain real estate to him and to pay damages. The bank filed a counterclaim asserting indebtedness of the plaintiff to the bank. The plaintiff answered to the counterclaim and petitioned in set-off seeking an accounting. He alleged in his answer that the bank had waived certain terms of an agreement...

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