Salvatore v. Fuscellaro

Superior Court of Rhode Island

Salvatore v. Fuscellaro

8 R.I. Dec. 294

CourtSuperior Court of Rhode Island

DecidedMay 10, 1932

DocketEq. No. 10939

StatusPublished

This text of 8 R.I. Dec. 294 (Salvatore v. Fuscellaro) is published on Counsel Stack Legal Research, covering Superior Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Salvatore v. Fuscellaro, 8 R.I. Dec. 294 (R.I. Ct. App. 1932).

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Opinion

BLODGETT, P. J.

Heard upon bill, answer and proof.

The Court is of the opinion, in accordance with rescript filed in case of James Vona vs. George Fuscellaro et al., Eq. No. 10890, that complainant is entitled to receive the awards made by the City of Providence for condemnation of lots No. 162, 55 and 56 on Merchants Realty Plat, Sections A and B, subject to the lien of George Fus-cellaro for the purchase price thereof.

As to lot No. 163 in the agreement for sale set forth in said bill of complaint the Court is of the opinion that said lot was included in said agreement by mistake of fact.

Unless the parties can agree upon the several values to be allotted to each several lot the case must be sent r.o a master to determine the several values of each lot.

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BLODGETT, P. J.

Heard upon bill, answer and proof.

The Court is of the opinion, in accordance with rescript filed in case of James Vona vs. George Fuscellaro et al., Eq. No. 10890, that complainant is entitled to receive the awards made by the City of Providence for condemnation of lots No. 162, 55 and 56 on Merchants Realty Plat, Sections A and B, subject to the lien of George Fus-cellaro for the purchase price thereof.

As to lot No. 163 in the agreement for sale set forth in said bill of complaint the Court is of the opinion that said lot was included in said agreement by mistake of fact.

Unless the parties can agree upon the several values to be allotted to each several lot the case must be sent r.o a master to determine the several values of each lot.

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Bluebook (online)

8 R.I. Dec. 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salvatore-v-fuscellaro-risuperct-1932.