FRANK FITZGERALD, INC. v. PACELLA BROTHERS, INC


2 Mass. App. Ct. 240 (1974)

310 N.E.2d 379

FRANK FITZGERALD, INC. vs. PACELLA BROTHERS, INC.

Appeals Court of Massachusetts, Norfolk.

May 8, 1974.


Attorney(s) appearing for the Case

Tanous J. Thomas for the defendant.

Clarence V. LaBonte, Jr., for the plaintiff.

Present: HALE, C.J., KEVILLE, & ARMSTRONG, JJ.


HALE, C.J.

This action of contract was tried before an auditor under the usual order of reference and, by stipulation of the parties, his findings of fact were to be final. The auditor filed a report to which the defendant filed a number of objections. The defendant's motion to recommit was allowed, and the auditor was directed to make additional subsidiary findings in support of a general finding to which the defendant had objected. In compliance with this order...

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