Kilroy v. Joyce

This is an action of contract wherein the plaintiff seeks to recover $350 allegedly due as the balance on a written contract. The answer was a general denial. A declaration in set-off was filed by the defendant.

The report is not properly before us. After a finding for the plaintiff the defendant filed a draft report on which there was a hearing and later the trial judge *46filed a report which differed substantially from the draft report.

The correct course for the judge was to disallow the report if it were found that it did not properly set forth the facts in the case and the questions of law…