Boyle v. Higman Equipment Co.

SOMERVILLE, Presiding Judge.

Edward Boyle (Boyle) brought an action for accounting against Higman Equipment Company, Inc., d/b/a Siggins Company (Higman) for commissions allegedly due under an oral contract of employment.

Trial of this bench tried action proceeded in a highly fragmented manner. The trial commenced on May 5, 1975, and Boyle’s evidence was received at that time. For reasons undisclosed by the record an indefinite recess was apparently declared on May 5, 1975, and before trial resumed the original judge was assigned to the criminal docket and the case was assigned to another…