E. F. Hodgson Co. v. Lisanti

Exceptions overruled. These are exceptions to the denial of motions for new trials made by the owner in an action brought against him by a *776building contractor and in his cross action against the contractor. The actions were consolidated for trial and after being heard by an auditor were tried before a jury. There was an exception saved by the owner during the trial to the denial of his motion to amend his declaration by adding a count alleging intentional breach of contract — a matter of discretion, Rich v. Finley, 325 Mass. 99, 108, and not preserved by incorporating it in a bill of…