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FIRST NATIONAL BANK v. FAIRHAVEN AMUSEMENT CO. INC.

347 Mass. 243 (1964)

197 N.E.2d 607

THE FIRST NATIONAL BANK OF BOSTON vs. FAIRHAVEN AMUSEMENT COMPANY, INC. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1964.

Attorney(s) appearing for the Case

Aaron J. Bronstein & Allan W. Drachman, for the plaintiff, submitted a brief.

Robert M. Bonin for the defendants.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & REARDON, JJ.

SPALDING, J.

The pertinent evidence most favorable to the plaintiff was as follows: On July 22, 1958, the defendants made an oral agreement with the plaintiff. Under its terms, the defendants were to bid at least $135,000 at a judicial foreclosure sale for personal property on which the plaintiff held a chattel mortgage and for the interest in a ten year lease of real estate which had been assigned to the plaintiff. The property had been used in connection with the...

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