Legal Opinion

In re Seaboyer

District Court, D. Massachusetts

Decided November 4, 1953No. Bankr. No. 885-53PublishedCited by 5 opinions

1Opinion of the Court

WYZANSKI, District Judge.

This case arises on a petition for review of an order entered by Referee 'Smart. The record before this court consists of the Referee’s findings of fact and rulings of law and his certificate to the judge.

The question presented is whether that provision of a conditional sales contract providing that in the event of a sale the "“seller shall deduct all reasonable expenses for retaking and selling such property including a reasonable attorney’s fee” makes the contract void under 'Section 13A of Chapter 255 of Massachusetts General Laws, Tercentenary Edition so that…

2Cases cited4 opinions

  1. Sears v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1913
  2. Dahlstrom Metallic Door Co. v. Evatt Construction Co.Massachusetts Supreme Judicial Court · 1926
  3. Mogul v. Boston Acceptance Co. Inc.Massachusetts Supreme Judicial Court · 1952
  4. Clark v. a & J TRANSPORTATION CO. INC.Massachusetts Supreme Judicial Court · 1953

3Cited by5 opinions

  1. Colvin v. Superior Equipment CompanyArizona Supreme Court · 1964
  2. Leonard K. Millen, Trustee v. General Motors Acceptance Corporation, in the Matter of Walter C. Seaboyer, BankruptCourt of Appeals for the First Circuit · 1954
  3. Millen v. General Motors Acceptance Corp.Court of Appeals for the First Circuit · 1954
  4. In re DrookerDistrict Court, D. Massachusetts · 1955
  5. Irving Widett, Trustee v. General Motors Acceptance CorporationCourt of Appeals for the First Circuit · 1955

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