Freitas v. Olson & Appleby, Inc.
Massachusetts Appeals Court
1Opinion of the Court
1. The defendant has waived any right it might have had to complain about three findings in the auditor’s report which the defendant contends should have been struck: (a) the finding referred to in the tenth unnumbered paragraph of the motion to strike because only a fragment of that finding could be regarded as objectionable on the ground stated and the motion was addressed to the finding in its entirety (compare Petitti v. Perriello, 305 Mass. 274, 275 [1940]; contrast Badoloto v. New York, N.H. & H. R.R. 338 Mass. 421, 424-426, 428 [1959]); (b) the finding challenged in the eleventh…
2Cases cited13 opinions
- Cook v. Farm Service Stores, Inc.Massachusetts Supreme Judicial Court · 1938
- Lolos v. BerlinMassachusetts Supreme Judicial Court · 1958
- Commonwealth v. MontecalvoMassachusetts Supreme Judicial Court · 1975
- Solomon v. DabrowskiMassachusetts Supreme Judicial Court · 1936
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
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3Cited by5 opinions
- Covich v. ChambersMassachusetts Appeals Court · 1979
- Ray-Tek Services, Inc. v. ParkerMassachusetts Appeals Court · 2005
- Marlborough Square, LLC v. CostaMassachusetts District Court, Appellate Division · 2011
- Hartnett v. Squire, Inc.Massachusetts Appeals Court · 1977
- Martin v. Commonwealth Acceptance Corp.Massachusetts Appeals Court · 1979