Nicholas Family Restaurant, Inc. v. Mitry

Judgment for possession in this summary process action was entered upon an agreed statement of facts for the lessor, Nicholas Family Restaurant, Inc. (“Nicholas”). The tenant, William Mitry (“Mitry’). hied this Dist/Mun. Cts. R. A. D. A, Rule 8A, expedited appeal.

A case submitted to a trial judge upon the parties’ agreed statement of facts is a case stated, and it is the duty of the trial judge to make a correct ruling upon the agreed facts. Western Mass. Theatres, Inc. v. Liberty Mut. Ins. Co., 354 Mass. 655, 657 (1968). On appeal,

[sjince the same record that the judge considered is before…