Frank Fitzgerald, Inc. v. PACELLA BROTHERS, INC

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, the auditor made and reported additional subsidiary findings. Thereafter, on the motion of the plaintiff, a judge of the Superior Court…