PLANTE v. LOURO


345 Mass. 456 (1963)

187 N.E.2d 866

ADOLPHE PLANTE vs. STEPHEN LOURO.

Supreme Judicial Court of Massachusetts, Bristol.

February 11, 1963.


Attorney(s) appearing for the Case

Joseph Ferreira for the defendant.

Joseph Lipsitt for the plaintiff.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.


WHITTEMORE, J.

The writ in this action of contract for the balance due for construction of a house is dated March 1, 1956. An auditor's report (findings not final) was filed December 27, 1956. In January, 1958, a judge of the Superior Court allowed the defendant's motions to amend his answer and to file a declaration in set-off and ordered the case recommitted to the auditor. The auditor's supplemental report was filed on April 28, 1958. Following motions of the parties...

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