Legal Opinion

Berwick & Smith Co. v. Salem Press, Inc.

Massachusetts Supreme Judicial Court

Decided March 4, 1954PublishedCited by 17 opinions

1Opinion of the CourtSpalding, J.

In this action of contract the plaintiff had a verdict which was recorded under leave reserved. The question for decision is whether the judge erred in denying the defendant’s motion to enter a verdict in its favor. In determining whether such a motion should be granted the same test is applied as in the case of a motion for a directed verdict. Holton v. Shepard, 291 Mass. 513, 515. Potter v. Dunphy, 297 Mass. 345. Brightman v. Blanchette, 307 Mass. 584.

The plaintiff is a corporation engaged in the business of printing books. The defendant, also a corporation, proposed to publish a two volume…

2Cases cited10 opinions

  1. Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
  2. Holton v. ShepardMassachusetts Supreme Judicial Court · 1935
  3. Brightman v. BlanchetteMassachusetts Supreme Judicial Court · 1940
  4. A. J. Tower Co. v. Southern Pacific Co.Massachusetts Supreme Judicial Court · 1904
  5. Baccari v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1936

5 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Den Norske Bank As v. First Nat'L of BostCourt of Appeals for the First Circuit · 1996
  2. Peter Stemkowski v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1982
  3. Sandler v. ElliottMassachusetts Supreme Judicial Court · 1957
  4. Petrangelo v. PollardMassachusetts Supreme Judicial Court · 1970
  5. Flaherty v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1958

12 more not listed; retrieve them via the Exa API.

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