Tobin v. Kells
Massachusetts Supreme Judicial Court
Contract on an account annexed for labor and materials alleged to have been furnished by the plaintiff to the defendant in the remodelling of certain houses in that part of Boston called South Boston. Writ dated June 24, 1907. In the Superior Court the case was referred to Everett C. Bumpus, Esquire, as auditor, who filed a report. There were two bills of exceptions.
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Contract on an account annexed for labor and materials alleged to have been furnished by the plaintiff to the defendant in the remodelling of certain houses in that part of Boston called South Boston. Writ dated June 24, 1907. In the Superior Court the case was referred to Everett C. Bumpus, Esquire, as auditor, who filed a report. There were two bills of exceptions. The first related to a motion to recommit the auditor’s report, which was heard by Richardson, J. That bill of exceptions was as follows: “ The case was referred to Everett C. Bumpus, Esquire, as auditor, who reported, among…
1Opinion of the CourtSheldon, J.
1. The defendant’s motion for the recommital of the auditor’s report with the instruction to the auditor to report all the evidence upon which was based the finding that the special contract had been annulled by the parties was addressed solely to the discretion of the presiding judge, and the defendant had no right of exception to the denial of the motion. This has been so often declared that we cite only a few of the later cases. Butterworth v. Western Assurance Co. 132 Mass. 489. Carew v. Stubbs, 161 Mass. 294. Craig v. French, 181 Mass. 282. Tripp v. Macomber, 187 Mass. 109, 110.…
2Cases cited15 opinions
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Fisher v. DoeMassachusetts Supreme Judicial Court · 1910
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
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3Cited by21 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Edgecomb v. EdmonstonMassachusetts Supreme Judicial Court · 1926
- Lamarre v. Commissioner of Public Works of Fall RiverMassachusetts Supreme Judicial Court · 1949
- Rosenblum v. GinisMassachusetts Supreme Judicial Court · 1937
- Torrey v. AdamsMassachusetts Supreme Judicial Court · 1925
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