COLETTI v. HART


338 Mass. 174 (1958)

154 N.E.2d 611

GUY COLETTI vs. JAMES J. HART.

Supreme Judicial Court of Massachusetts, Middlesex..

December 3, 1958.


Attorney(s) appearing for the Case

George P. Lordan, for the defendant.

Robert W. Blakeney, for the plaintiff.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


CUTTER, J.

This action of contract was heard by an auditor whose findings of fact were to be final. The auditor found for the plaintiff in the sum of $5,245.16 with interest from March 30, 1957. The trial judge ordered judgment on the auditor's report. The defendant appealed from the order and from the denial of a motion to recommit the auditor's report.

The auditor found the following facts. The plaintiff manufactures and sells machinery. In March, 1956,...

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