Doyle v. Wilcox

The report filed in this case is erroneously entitled "Defendant’s Report”. At the time of the original filing it is called a "Draft Report” and after its allowance by the trial judge, it is his report and not that of either party to the action, and should be entitled “Report”. Kelley v. Foley, 284 Mass. 503, 506; Keeney v. Cibonowski, 304 Mass. 371, 373, 374; Perry v. Hanover, 314 Mass. 167.

We treat it as the report of the judge.

By an action of contract in two counts the plaintiffs seek to recover the sum of $472.00 for eleven storm windows. Count one is on an alleged written contract,…