Moniz Excavating Co. v. Tupick

This controversy is before us on a petition to establish a report, pursuant to Rule 64(c) of Dist./Mun. Cts. R. Civ. P., accompanied by a draft report The plaintiff prevailed at trial on its claim as the purchaser of a truck at an auction against the vehicle owner who refused delivery, thus repudiating the results of the bidding, but lost on its claim against the auctioneer. The judge found that “[t]he auction was, at all times, conducted in a proper manner.”

By requests for rulings, supported by citations (according to the draft report), the plaintiff argued that the auctioneer, as agent for…