Hess Oil & Chemical Corp. v. Ristuccia

The defendants appeal from an order allowing the plaintiff’s motion for judgment on a report of an auditor (facts final), which order replaced a like order for judgment which was vacated on the defendants’ motion for rehearing. Even if we assume that the defendants’ motion for rehearing was filed in time (which is not shown) to prevent this case from having gone to judgment under the provisions of former Rule 79 of the Superior Court (1954), no error is shown. The agreement is not ambiguous concerning the obligation of the defendants to pay one third of the actual cost of the fill. There was…