OUTPOST CAFE, INC. v. FAIRHAVEN SAVINGS BANK


3 Mass. App. Ct. 1 (1975)

322 N.E.2d 183

OUTPOST CAFE, INC. vs. FAIRHAVEN SAVINGS BANK & others.

Appeals Court of Massachusetts, Bristol.

January 21, 1975.


Attorney(s) appearing for the Case

Louis J. Ostric for the plaintiff.

Kenneth D. Lipman for W & K Realty, Inc. & another.

Davis C. Howes for Fairhaven Savings Bank.

Present: HALE, C.J., ROSE, KEVILLE, & GRANT, JJ.


GRANT, J.

At some unspecified point in 1972 the plaintiff was in breach of one or more of the conditions contained in a mortgage of certain premises in Dartmouth which it had given to the defendant savings bank (defendant) in 1970. On January 16, 1973, the defendant made an entry on the premises for the purpose of foreclosing the mortgage. On the same day, pursuant to a power of sale contained in the mortgage,

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