L.W. SEVERANCE & SONS, INC. v. ANGLEY


332 Mass. 432 (1955)

125 N.E.2d 415

L.W. SEVERANCE & SONS, INC. vs. JOHN C. ANGLEY & another.

Supreme Judicial Court of Massachusetts, Plymouth.

April 1, 1955.


Attorney(s) appearing for the Case

Alton F. Lyon, (Elmer R. Egan with him,) for the defendants.

Jack Sturtevant, (Eben G. Townes with him,) for the plaintiff.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & COUNIHAN, JJ.


COUNIHAN, J.

This is an action of contract to recover a balance due for labor and materials furnished the defendants by the plaintiff under an alleged written contract. The action was referred to an auditor whose findings of fact were not to be final. G.L. (Ter. Ed.) c. 221, § 56. Upon the coming in of the auditor's report, the defendants were permitted to file a substitute answer with the understanding that it would raise no issues not previously raised before...

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