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SOUTHAMPTON WHOLESALE F. TERM. v. PROVIDENCE P. W. CO.

Civ. A. No. 55-136-A.

129 F.Supp. 663 (1955)

SOUTHAMPTON WHOLESALE FOOD TERMINAL, Inc. v. PROVIDENCE PRODUCE WAREHOUSE COMPANY.

United States District Court, D. Massachusetts.

March 29, 1955.

Attorney(s) appearing for the Case

J. J. Spiegel, Boston, Mass., for plaintiff.

Herbert Alpert and Lawrence R. Cohen, Boston, Mass., for defendant.

ALDRICH, District Judge.

This is a motion to dismiss a complaint in which the plaintiff seeks specific performance of a construction loan agreement under which the defendant took a mortgage of plaintiff's real estate, which mortgage referred to a $900,000 note, and agreed to advance sums from time to time thereon, "including such part of the Borrower's attorneys' fees as may be approved by the Lender." The maximum to be loaned in all was not to exceed the $900,000...

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