Legal Opinion
Southampton Wholesale Food Terminal, Inc. v. Providence Produce Warehouse Co.
District Court, D. Massachusetts
Decided March 29, 1955No. Civ. A. 55-136-APublishedCited by 5 opinions
1Opinion of the Court
ALDRICH, District Judge.
This is a motion to dismiss a complaint in which the plaintiff seeks specific performance of a construction loan agreement under which the defendant took a mortgage of plaintiff’s real estate, which mortgage referred to a $900,000 note, and agreed to advance sums from time to time thereon, “including such part of the Borrower's attorneys’ fees as may be approved by the Lender.” The maximum to be loaned in all was not to exceed the $900,000. The defendant has advanced to date some $800,000, but nothing for a fee. The plaintiff seeks an additional $40,000 for its…
2Cases cited6 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- Jamison Coal & Coke Co. v. GoltraCourt of Appeals for the Eighth Circuit · 1944
- Traiser v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1909
- Columbus Club v. SimonsSupreme Court of Oklahoma · 1925
- Jacobson v. First Nat. Bank of BloomingdaleNew Jersey Court of Chancery · 1941
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Destiny USA Holdings, LLC v. Citigroup Global Markets Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Selective Builders, Inc. v. Hudson City Savings BankNew Jersey Superior Court Appellate Division · 1975
- Vandeventer v. Dale Construction CompanyOregon Supreme Court · 1975
- Bregman v. MeehanNew York Supreme Court · 1984
- Vandeventer v. Dale Construction CompanyOregon Supreme Court · 1975