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AKRON BRICK & BLOCK CO. v. MONIZ ENGINEERING CO., INC.

365 Mass. 92 (1974)

310 N.E.2d 128

AKRON BRICK & BLOCK CO. vs. MONIZ ENGINEERING COMPANY, INC.

Supreme Judicial Court of Massachusetts, Barnstable.

April 8, 1974.

Attorney(s) appearing for the Case

Edward O. Proctor, Jr., for Akron Brick & Block Co.

John F. Cremens (Howard J. Alperin & William E. Ryan with him) for Moniz Engineering Company, Inc.

Present: REARDON, QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

The buyer of a machine is here resisting a claim for the balance of the price; it asserts that under the contract the seller remained the owner of the machine, that the machine was returned to the seller, and that the seller will be unjustly enriched. We hold that (1) a District Court finding, introduced as "prima facie evidence" in the Superior Court under G.L.c. 231, § 102C, is sufficient to warrant a finding no matter what other evidence is introduced...

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