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COOK v. KELLEY

352 Mass. 628 (1967)

227 N.E.2d 330

HOWARD W. COOK vs. GEORGE W. KELLEY & others.

Supreme Judicial Court of Massachusetts, Bristol.

June 7, 1967.

Attorney(s) appearing for the Case

Joseph J. Hurley for the defendant Kelley.

Francis X. Carroll for the plaintiff.

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

SPIEGEL, J.

This is a bill in equity to rescind the sale of a newspaper on the grounds of mutual mistake or fraud. The defendant Kelley filed a counterclaim for the unpaid balance of the purchase price. The case was referred to a master. The plaintiff and the defendant Kelley both objected to the master's report. An interlocutory decree was entered overruling their objections (treated as exceptions) and confirming the report. A final decree was entered

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