Marciniak v. Walz
Massachusetts Supreme Judicial Court
Contract oe tort, with a declaration as amended in five counts, the first and second counts being respectively for $3,250 on an account annexed and for money had and received by the defendant to the plaintiff’s use. The third count was in tort for alleged misrepresentations made by the defendant as to the title to a certain bowling alley in Easthampton and the volume of business done therein.
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Contract oe tort, with a declaration as amended in five counts, the first and second counts being respectively for $3,250 on an account annexed and for money had and received by the defendant to the plaintiff’s use. The third count was in tort for alleged misrepresentations made by the defendant as to the title to a certain bowling alley in Easthampton and the volume of business done therein. The fourth count alleged a contract in writing made by the plaintiff with the defendant for the purchase of the said bowling alley for $3,000, the payment of the purchase price by the plaintiff, a breach…
1Opinion of the CourtDe Courcy, J.
The jury, who returned a verdict for the plaintiff, by considering the evidence in its aspect most favorable to him would have been warranted in finding the following facts. The defendant formerly owned the Majestic Theatre building in Easthampton. The bowling alleys in the basement were owned by William E. Mengel and Julius J. Mutter in 1913. On August 4 of that year they gave to oné Lyman a note for $1,000, and, as security therefor, a mortgage of the bowling alleys, pool tables and *263equipment. On January 2, 1914, they executed a second mortgage for $1,200, in favor of Anna Mengel and…
2Cases cited3 opinions
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- O'Shea v. VaughnMassachusetts Supreme Judicial Court · 1909
- Sylvester v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1914
3Cited by1 opinion
- London Clothes, Ltd. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1945