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CREED v. APOG

6 Mass. App. Ct. 365 (1978)

376 N.E.2d 154

DAVID P. CREED & others vs. KRIST E. APOG & others.

Appeals Court of Massachusetts, Middlesex.

May 19, 1978.

Attorney(s) appearing for the Case

John R. Hally (Susan F. Brand with him) for the plaintiffs.

Douglas P. Woodlock (Joseph L. Cotter with him) for the defendants.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.

GRANT, J.

The plaintiffs seek to recover from the defendants for services performed in connection with the sale of a large tract of land in Westwood (locus) owned originally by the defendants Apog and Talkowski as trustees of the Imperial Gardens Realty Trust and later by Apog individually. Counts 1 and 2 (brought by Creed) and 5 (brought by Egan, Diehl and Edward Diehl Associates, Inc. [Associates]) of the declaration (complaint) sought recovery pursuant to an express...

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