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PETRUZZI v. PEDUKA CONSTRUCTION, INC.

362 Mass. 190 (1972)

285 N.E.2d 101

RALPH PETRUZZI vs. PEDUKA CONSTRUCTION, INC.

Supreme Judicial Court of Massachusetts, Worcester.

June 22, 1972.

Attorney(s) appearing for the Case

David A. Talman for the plaintiff.

Harry Zarrow (Edward G. Shamgochian with him) for the defendant.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

HENNESSEY, J.

This is an action of contract in which the plaintiff seeks to recover an amount equal to one-third of the net profit of the defendant corporation during the latter's 1968 fiscal year. The plaintiff's declaration was in two counts, viz., a count in express contract and a count declaring upon an account annexed. At the close of the plaintiff's evidence, the judge granted the defendant's motion for directed verdicts...

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