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MASS. HOUSING FINANCE AGCY. v. N.E. MERCHANTS NATL. BK

356 Mass. 202 (1969)

249 N.E.2d 599

MASSACHUSETTS HOUSING FINANCE AGENCY vs. NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 11, 1969.

Attorney(s) appearing for the Case

John F. Bok for the plaintiff.

Joseph W. Bartlett for the defendants.

Clarence A. Roberts, David M. Roseman, Thomas J. Gallagher, Jr., & Harley M. Smith, for Greater Boston Real Estate Board, amicus curiae, submitted a brief.

George M. Hughes & James W. Perkins, for Interfaith Housing Corporation & another, amici curiae, submitted a brief.

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

CUTTER, J.

The plaintiff (MHFA) brings this bill for declaratory relief to determine whether two conditions (see fn. 7, infra, and related text of this opinion) of a purchase and sale agreement made by MHFA with the defendants (the banks) have been met. The banks' answer admits the allegations of the bill. It is stipulated in effect that the pleadings may be treated as constituting a case stated. The case was reported without decision by the single justice...

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