Kennedy v. B. A. Gardetto, Inc.

The plaintiff seeks to recover the agreed rental of certain machinery which was the subject matter of written agreements between the parties, and also to recover the cost of repairs thereto, for damage allegedly caused by the defendant’s negligence, and the cost of parts that were missing when the machinery was returned. The case was referred to an auditor whose findings of fact were to be final. A judge of the Superior Court ordered judgment for the plaintiff in the amount found due by the auditor, together with interest, and the defendant appealed. G. L. (Ter. Ed.) c. 231, § 96. Babcock…