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SANDLER v. ELLIOTT.

335 Mass. 576 (1957)

141 N.E.2d 367

HARRY SANDLER vs. BERNARD S. ELLIOTT (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

February 26, 1957.

March 21, 1957.

Attorney(s) appearing for the Case

Stanley H. Rudman, (Norman N. Goldberg with him,) for the plaintiff.

Lawrence R. Cohen, (Albert R. Mezoff with him,) for the defendant Elliott.

Present: WILKINS, C.J., RONAN, COUNIHAN, WHITTEMORE, & CUTTER., JJ.

WHITTEMORE, J.

These are two actions of tort for deceit. There was a verdict for the plaintiff in each case which the trial judge set aside pursuant to leave reserved. The plaintiff duly excepted in each case. The declarations were in substance identical. The defendant Elliott contends both that the evidence was insufficient to support the verdict and that there was a material variance.

I. THE CASE AGAINST ELLIOTT...

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