Marlborough Building Ass'n v. American Broaching Machine Co.
Massachusetts Supreme Judicial Court
Tort for trespass against the American Broaching Machine Company, a corporation, and Francis J. LaPointe. Writ dated April 17, 1918. In the Superior Court the case was tried before Hitchcock, J., “with an action of contract between the same parties, in which the plaintiff sought damages from this [corporation] defendant for refusing to take title to this same land upon a written agreement for the purchase thereof.
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Tort for trespass against the American Broaching Machine Company, a corporation, and Francis J. LaPointe. Writ dated April 17, 1918. In the Superior Court the case was tried before Hitchcock, J., “with an action of contract between the same parties, in which the plaintiff sought damages from this [corporation] defendant for refusing to take title to this same land upon a written agreement for the purchase thereof. In that case the jury returned a verdict for the defendant, and in answer to a question submitted to them made a special finding that the plaintiff’s title to the premises described…
1Opinion of the CourtDe Courcy, J.
The acts of trespass complained of are, entering upon the plaintiff’s land, removing a building therefrom, exea- - voting a cellar and putting in the foundation for a factory. The answer is a general denial and an allegation that whatever was done on the land was by the license and with the consent of the plaintiff. There was a verdict against the defendant corporation. The only exception is to the judge’s refusal to order a verdict in its favor.
The material facts, as the jury could have found them on the evidence, are as follows: Early in September, 1917, Francis J. *508LaPointe (the individual…
2Cases cited1 opinion
- American Broaching Machine Co. v. Members of Marlborough Board of TradeMassachusetts Supreme Judicial Court · 1919
3Cited by2 opinions
- Roach v. Newton Redevelopment AuthorityMassachusetts Appeals Court · 1979
- Bird v. Boston Redevelopment AuthorityMassachusetts Appeals Court · 1979