McAuliffe & Burke Co. v. Gallagher

This is an action of replevin pending in the Superior Court. A judge of that court found and ordered judgment for the defendant, and reported the case to this court using the form of words which follow: “I report the case and if judgment should be entered for the plaintiff judgment is to be so entered, and if not my order for judgment for the defendant is to stand.”

The facts disclosed by the report in substance are as follows: Levine and Gorelich, a copartnership, building a house in Boston, entered into a written contract with one McGee for the purchase and sale of the plumbing fixtures…