Peerless Machinery Co. v. Herbits

This is a petition to establish a report. The original cause of action was an action in contract and tort. The trial judge found for the plaintiff in the sum of $8,286.47.

A draft report and copy were seasonably filed by the defendant (the present petitioner). After a hearing, the trial judge ordered an amended draft report to be filed. The amended draft was seasonably filed as ordered. After a hearing on the amended draft report the trial judge refused to sign the same, but signed and filed a report of his own.

Louis A. Mazey of Brookline for the Petitioner. John P.Morgan of Boston for the…