Sherman v. Buffinton
Massachusetts Supreme Judicial Court
Contract for $216.22 on an account annexed as described in the opinion. Writ dated July 6, 1914. The case was referred to an auditor under a stipulation “that the findings of the auditor on all questions of fact shall be final.” The auditor’s-report was recommitted tp him and he filed a supplemental report. Thereafter the plaintiff moved for judgment on the auditor’s reports and the defendant moved to recommit the auditor’s report and his supplemental report.
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Contract for $216.22 on an account annexed as described in the opinion. Writ dated July 6, 1914. The case was referred to an auditor under a stipulation “that the findings of the auditor on all questions of fact shall be final.” The auditor’s-report was recommitted tp him and he filed a supplemental report. Thereafter the plaintiff moved for judgment on the auditor’s reports and the defendant moved to recommit the auditor’s report and his supplemental report. These motions were heard by Jenney, J. He denied the motion to recommit the reports and granted the plaintiff’s motion for the entry of…
1Opinion of the CourtRugg, C. J.
This is an action at law upon an account annexed. The case was heard by an auditor upon a stipulation that his findings of facts should be final. The auditor’s report shows that a special contract was made for doing certain masonry work at the cottage of the defendant for an entire price. The contract required the building of twenty-five concrete piers, concrete basement walls, and a chimney with a fireplace of a well known quality of brick, called West Barnstable brick. This contract subsequently was modified by the substitution of tapestry brick for West Barnstable brick in the fireplace.…
2Cited by8 opinions
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- Simmons v. LibbeyNew Mexico Supreme Court · 1949
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