E. M. Loews, Inc. v. Deutschmann

Decree affirmed with costs of this appeal. This suit for specific performance was considered in 337 Mass. 42 on an appeal from a final decree following interlocutory decrees taking the bill for confessed. There has been a trial on the merits. The pleadings are not substantially changed. The judge made a statutory report of material facts. The plaintiff had substantial assets. Neither the plaintiff nor its nominee had obtained a license to operate an outdoor theatre on the premises. Under the contract this failure excused the plaintiff and its nominee from taking title. The plaintiff had the…