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BRIDGEWATER WASHED SAND v. BRIDGEWATER MATERIALS, INC.

361 Mass. 809 (1972)

282 N.E.2d 912

BRIDGEWATER WASHED SAND & STONE CO., INC. vs. BRIDGEWATER MATERIALS, INC. & another.

Supreme Judicial Court of Massachusetts, Norfolk.

May 15, 1972.

Attorney(s) appearing for the Case

James D. St. Clair for the defendants.

Harold Rosewald for the plaintiff.

Present: TAURO, C.J., CUTTER, SPIEGEL, REARDON, & HENNESSEY, JJ.

CUTTER, J.

The plaintiff (the buyer) seeks to recover from the corporate defendant (Materials) the value of stockpiled sand and gravel or stone removed from three parcels of land sold (except for part of one parcel on which there was an asphalt plant) by Materials to Gerald I. Bern or his nominee. The buyer became Bern's nominee. An agreement of purchase and sale (the original agreement) was executed on May 24, 1965.

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