ROUSSEAU v. MESITE


355 Mass. 567 (1969)

246 N.E.2d 441

ALBERT J. ROUSSEAU, JR., vs. JAMES V. MESITE, trustee, & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 7, 1969.


Attorney(s) appearing for the Case

Arnold L. Slavet for James V. Mesite, trustee.

Joseph E. Levine for the plaintiff.

Joseph L. McQuade (John P. Garrahan with him) for Donald M. Askin.

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


SPIEGEL, J.

This bill in equity brought in the Superior Court seeks (1) specific performance of an alleged oral agreement between the plaintiff and the defendant James V. Mesite, as trustee, under which Mesite was to convey to the plaintiff certain property located in Framingham; (2) a restraining order prohibiting the defendant Donald Askin from "assigning, transferring or encumbering" a subsequent written agreement between Askin and Mesite under which Mesite was...

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