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146 DUNDAS CORP. v. CHEMICAL BANK

400 Mass. 588 (1987)

511 N.E.2d 520

146 DUNDAS CORPORATION & another vs. CHEMICAL BANK & others.

Supreme Judicial Court of Massachusetts, Middlesex.

August 10, 1987.

Attorney(s) appearing for the Case

Robert M. Bonin (Judith E. Beals with him) for the plaintiffs.

Gerald S. Garnick for Chemical Bank.

Richard L. Alfred (Robert D. Richman with him) for Edward C. Maher & others.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, & NOLAN, JJ.

ABRAMS, J.

This case raises the question whether a mortgage foreclosure sale of three parcels of property to the second highest bidder is valid if the term permitting the second highest bidder to purchase the property, if the highest bidder defaulted, is announced orally at the sale but was not included in the published notice of the sale. The plaintiffs are 146 Dundas Corporation (Dundas), the mortgagor of the property...

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