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MEROLLA v. TALMAN & JOHNSON INSURANCE AGENCY, INC.

354 Mass. 300 (1968)

237 N.E.2d 5

AMEDEO C. MEROLLA, executor, vs. TALMAN & JOHNSON INSURANCE AGENCY, INC.

Supreme Judicial Court of Massachusetts, Worcester.

May 8, 1968.

Attorney(s) appearing for the Case

Francis H. George for the plaintiff.

Philip J. MacCarthy (David A. Talman with him) for the defendant.

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

WHITTEMORE, J.

The issue in this case on the plaintiff's exceptions is whether Kevin Condon, in speaking certain words, could be found to have been the agent of the defendant so that the defendant was liable to the plaintiff's testator, Ralph Letizia, for failure to insure Letizia's property in Rhode Island against loss by fire.

At the close of the evidence the judge directed verdicts for the defendant on the counts in tort. He submitted to

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