CAPE COD BANK & TRUST CO. v. LeTENDRE


384 Mass. 481 (1981)

425 N.E.2d 355

CAPE COD BANK AND TRUST COMPANY vs. CONSTANCE L. LeTENDRE & others.

Supreme Judicial Court of Massachusetts, Barnstable.

August 28, 1981.


Attorney(s) appearing for the Case

Edward E. Veara (Paul V. Benatti with him) for Constance L. LeTendre & another.

J. Douglas Murphy for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


LYNCH, J.

This is an appeal from a decision and order of the Appellate Division of the District Courts, Southern District, affirming the trial judge's allowance of the plaintiff's motion to dismiss the request for a report.

The facts relevant to the issues before us are not complex. The defendants seasonably filed a draft report with the clerk of the court where the action was brought and where the trial was, in large part, held. The defendants failed to deliver...

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