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action affirmed agent agreed agreement alleged allowed amount annotation appeal applied authority bank bill building cause charge claim compensation condition constitute contest contract corporation court damages death deed defendant defendant's delivered delivery demand denied direct duty effect entitled evidence execution executor fact filed finding fraud given grantee grantor ground held holding injury intention interest judgment jury land liability limitations Mass ment municipal negligence opening operation opinion owner paid parties payment performed plain plaintiff pointed possession premiums present purchase question reason received recover residence result rule securities statement statute sufficient suit supra tion trial trust United void wife