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ANTONELLIS v. NORTHGATE CONSTRUCTION CORP.

362 Mass. 847 (1973)

291 N.E.2d 626

GERARD P. ANTONELLIS & others, trustees, vs. NORTHGATE CONSTRUCTION CORP.

Supreme Judicial Court of Massachusetts, Middlesex.

January 19, 1973.

Attorney(s) appearing for the Case

Nathan S. Paven for the plaintiffs.

George W. Gold for the defendant.

Present: TAURO, C.J., REARDON, HENNESSEY, KAPLAN, & WILKINS, JJ.

KAPLAN, J.

The plaintiffs' declaration (the claim) sought damages for the defendant's alleged breach of contract in failing to remove fill from the plaintiffs' gravel pit and to pay for it as agreed. The defendant answered, alleging that the execution of the contract sued on was based upon an agreement that the contract was to terminate if the fill did not meet the quality requirements of the city of Brockton, that the fill...

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