Paika v. Perry
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 10 and amended on June 9, 1913, by Franciska Paika and Walenty Paika against Arthur C. Perry and Prank P. Mosher, all of Worcester, which is described in the opinion. The case was referred, to a master who filed a report, and thereafter the case was heard, upon a motion that the report of the master be confirmed, by Callahan, J., who made an interlocutory decree that the report be confirmed.
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Bill in equity, filed in the Superior Court on March 10 and amended on June 9, 1913, by Franciska Paika and Walenty Paika against Arthur C. Perry and Prank P. Mosher, all of Worcester, which is described in the opinion. The case was referred, to a master who filed a report, and thereafter the case was heard, upon a motion that the report of the master be confirmed, by Callahan, J., who made an interlocutory decree that the report be confirmed. Later by order of Callahan, J., a final decree was entered enjoining the defendants Perry and Mosher from selling, mortgaging, assigning, transferring,…
1Opinion of the CourtLoring, J.
This is a bill to set aside a mortgage or in the alternative to be allowed to redeem it. The case went to a master , and on his report a decree was entered in effect setting the mortgage aside. From that decree the defendant Perry took the appeal which is now before us.
The facts found by the master were in substance as follows: The plaintiffs were the owners of a building which they wished to have remodelled. On July 8, 1911, they made a contract with the defendant Mosher to do the work they wished done upon the building. The contract was an oral one. Later Mosher put it in writing and the…
2Cases cited10 opinions
- Henry v. SneedSupreme Court of Missouri · 1889
- Harlow v. PutnamMassachusetts Supreme Judicial Court · 1878
- Hager v. National German-American BankSupreme Court of Georgia · 1898
- Burnes v. New Mineral Fertilizer Co.Massachusetts Supreme Judicial Court · 1914
- Symonds v. RileyMassachusetts Supreme Judicial Court · 1905
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