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GROSSMAN INDUSTRIAL PROPERTIES, INC. v. COLLEY

355 Mass. 578 (1969)

246 N.E.2d 640

GROSSMAN INDUSTRIAL PROPERTIES, INC. vs. GEORGE A. COLLEY.

Supreme Judicial Court of Massachusetts, Barnstable.

April 7, 1969.

Attorney(s) appearing for the Case

Frank J. Richards for the defendant.

Robert T. Malone for the plaintiff.

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

SPALDING, J.

This action of contract was referred to an auditor whose findings were not to be final. After the report was filed the case was heard solely on the report. The plaintiff moved for judgment on the report and the motion was allowed. The defendant appealed.

The defendant's appeal, which is under G.L.c. 231, § 96, is not properly here. Section 96 brings "to this court for review errors of law alleged to have been committed by

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