United States Plywood Corp. v. Pioneer Display Co.

This action of contract was heard upon a statement of agreed facts, which amounted to a case stated. The judge found for the plaintiff against two defendants, and on January 12, 1961, filed a paper entitled ‘ ‘ Finding of Court. ’ ’ This was in effect an order for judgment from which an appeal would have lain under G-. L. (Ter. Ed.) c. 231, § 96. Dedham v. Newton, 320 Mass. 391, 392. Pepperell v. Somerville, 321 Mass. 413. National Cash Register Co. v. Warner, 335 Mass. 736. See Corbett v. Derman Shoe Co. 338 Mass. 405, 407. No such appeal was taken. After the expiration of the appeal period,…