WILSHIRE ENTERPRISES, INC. v. TAUNTON PEARL WORKS


356 Mass. 675 (1970)

255 N.E.2d 375

WILSHIRE ENTERPRISES, INC. vs. TAUNTON PEARL WORKS, INC.

Supreme Judicial Court of Massachusetts, Bristol.

February 2, 1970.


Attorney(s) appearing for the Case

John F. Dunn for the defendant.

Benjamin D. Lewis for the plaintiff.

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


WILKINS, C.J.

This bill to restrain the foreclosure of a mortgage was heard upon "an agreement of facts," which is not in the record, but which the trial judge in his "findings and order" said amounted to a case stated. From a final decree enjoining the foreclosure the defendant appealed.

The defendant is the holder of an instalment note dated December 31, 1967, secured by a mortgage on real estate on Ingell Street, Taunton, the terms of which provide that...

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