INSTITUTE ETC. MODEL PLANT, INC. v. WM. FILENE'S SONS


336 Mass. 573 (1958)

146 N.E.2d 673

INSTITUTE FOR MAINTAINING DRYCLEANING STANDARDS MODEL PLANT, INC. vs. WM. FILENE'S SONS COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

January 2, 1958.


Attorney(s) appearing for the Case

Albert W. Wunderly, for the plaintiff.

Walter Powers, Jr., for the defendant.

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


WILKINS, C.J.

In this action of contract for breach of a written agreement the declaration alleges that the defendant (Filene's) committed a breach by discontinuing its cleansing business and so bringing about a forced liquidation of the plaintiff (Model Plant). There is a declaration in set-off for rent, lost articles, and the cost of restoring premises owned by Filene's and occupied by Model Plant. The case was first heard by an auditor, findings of fact not to...

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