(DOWNLOAD) "Gill Et Al. v. Richmond Co-Op. Ass'n" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Gill Et Al. v. Richmond Co-Op. Ass'n
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 26, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
LUMMUS, Justice. On September 9, 1929, the four plaintiffs, brothers named Gill, brought this action of contract to recover for the breach of oral agreements by which the defendant agreed to sell to the plaintiffs whatever milk they might order for their business. On January 6, 1937, the case was heard by a Judge, sitting without jury, upon successive reports of an auditor whose findings were not to be final, and other evidence that, as the Judge said, did not affect the findings of the auditor. On January 3, 1938, the Judge found for the defendant on the plaintiffs' declaration and also on the defendant's declaration in set-off. The case comes here primarily upon exceptions filed by William A. Graustein acting pro se and claiming to be the assignee of the cause of action of the plaintiffs. On February 15, 1939, a bill was brought by the plaintiffs and Graustein to restrain the enforcement of the judgment obtained on February 19, 1934, by the defendant against the plaintiffs in the case of Richmond Co-operative Association, Inc., v. Gill, 285 Mass. 50, 188 N.E. 495, upon which execution issued for $3,080.86 damages and $97.40 costs, which judgment was the basis of the defendant's declaration in set-off. This bill was filed in the action, and not entered as a separate suit, as it should have been. From a final decree entered on July 17, 1939, permitting the defendant to use the judgment in set-off, but not to collect any balance from the plaintiffs personally, the plaintiffs and William A. Graustein as assignee claimed an appeal. Moreover, the same parties claimed an appeal in the action of contract from the denial of their motion to dismiss the declaration in set-off, but this appeal must be dismissed because not authorized by G.L. (Ter.Ed.) c. 231, § 96. The plaintiffs' exception to the denial on February 8, 1938, of their motion to amend the writ and declaration is obviously worthless, for the denial involved no ruling of law. Like some other exceptions taken by them it needs no Discussion.
 "Gill Et Al. v. Richmond Co-Op. Ass'n" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free){kind=link}