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KOWAL v. SPORTSWEAR BY REVERE, INC.

351 Mass. 541 (1967)

222 N.E.2d 778

SANFORD A. KOWAL, administrator, vs. SPORTSWEAR BY REVERE, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

January 4, 1967.

Attorney(s) appearing for the Case

Albert P. Zabin for the plaintiff.

Arthur S. Waldstein for the defendant.

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

SPALDING, J.

This is an action of contract brought by the administrator of the estate of Joseph E. Prince to recover for commissions for sales made by Prince under a written contract. The defendant's answer contained, among other things, a declaration in set-off alleging that it had overpaid Prince's estate in the amount of $1,708.87.1 The case was submitted on a statement of agreed facts. The judge ordered judgment for the defendant on...

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