Luke v. Petrosino

This is an action in contract brought by the plaintiff arising out of an agreement under which the defendant was to construct a house for the plaintiff. The defendant duly filed an answer and counterclaim and the matter was placed upon the trial list for September 22,1978 at the Fourth District Court of Eastern Middlesex at Wobum.

Neither party appearing at the call of the list on that date, the Court dismissed the case. On May 21, 1979, the plaintiff filed a Motion to Revoke the Order of Dismissal and to restore to the Trial List. Following both written and oral argument, the court on June…