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CLARK & WHITE, INC. v. FITZGERALD

332 Mass. 603 (1955)

127 N.E.2d 172

CLARK & WHITE, INC. vs. PETER J. FITZGERALD & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 2, 1955.

Attorney(s) appearing for the Case

David Gorfinkle, for the intervener.

Joseph B. Abrams, (Robert T. Abrams with him,) for the plaintiff.

Present: QUA, C.J., WILKINS, SPALDING, & COUNIHAN, JJ.

SPALDING, J.

At the trial of this action of replevin there was evidence tending to show the following: On April 27, 1953, one Savage purchased a 1951 Mercury automobile from the plaintiff for $1,995 under a conditional sale contract. Savage traded in a 1950 Ford, representing that he held an unencumbered title to it, and received a trade-in allowance of $1,000 on account of the purchase price. With finance and insurance charges the balance due the plaintiff under...

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