Legal Opinion

Wiley & Foss, Inc. v. Saxony Theatres, Inc.

Massachusetts Supreme Judicial Court

Decided January 10, 1957PublishedCited by 7 opinions

1Opinion of the CourtSpalding, J.

This case, which is an action of contract to recover for making repairs and alterations to the Gem Theatre in Fitchburg, comes here for the second time. In 332 Mass. 172 the plaintiff’s exception to the direction of a verdict for the defendant was sustained. At the second trial the defendant’s motion for a directed verdict was denied, and the jury returned a verdict for the plaintiff. The case now comes here on the defendant’s exceptions to the denial of its motion for a directed verdict, and to the refusal of certain of its requests for instructions.

The evidence pertinent to the questions…

2Cases cited11 opinions

  1. Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
  2. Monument National Bank v. Globe WorksMassachusetts Supreme Judicial Court · 1869
  3. Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
  4. M. McDonough Corp. v. ConnollyMassachusetts Supreme Judicial Court · 1943
  5. Neilson v. Malcolm Kenneth Co.Massachusetts Supreme Judicial Court · 1939

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3Cited by7 opinions

  1. Elisian Guild, Inc. v. United StatesCourt of Appeals for the First Circuit · 1969
  2. Boston Athletic Association v. International MarathonsMassachusetts Supreme Judicial Court · 1984
  3. Valley Stream Teachers Federal Credit Union v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1978
  4. Town of Stoneham v. SaveloMassachusetts Supreme Judicial Court · 1960
  5. Sun Oil Co. v. Redd Auto Sales, Inc.Massachusetts Supreme Judicial Court · 1959

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