Grossman Industrial Properties, Inc. v. Colley

This action of contract was referred to an auditor whose findings were not to be final. After the report was filed the case was heard solely on the report. The plaintiff moved for judgment on the report and the motion was allowed. The defendant appealed.

The defendant’s appeal, which is under G. L. c. 231, § 96, is not properly here. Section 96 brings “to this court for review errors of law alleged to have been committed by *579the Superior Court in civil actions or proceedings at law in only three instances: First, where an order has been entered sustaining or overruling a demurrer on the ground…