334 Mass. 708 | Mass. | 1956
Appeal dismissed. This is an action of contract which was referred to an auditor whose findings of fact were to be final. The auditor found for the plaintiff in tie sum of $2.60. The case was heard by a judge solely on the auditor’s report. The defendants presented a motion for judgment in accordance with the report. The plaintiff presented a motion that judgment be entered for the plaintiff in the sum of $1,816.46. On March 20, 1956, the judge granted the defendants’ motion and ordered judgment for the plaintiff in the sum of $2.62 (sic). On the same day the judge denied the plaintiff’s motion for judgment. On April 11, 1956, the plaintiff filed a claim of appeal “from the order . . , denying the plaintiff’s motion for judgment . ...” The defendants contend that the plaintiff’s appeal is not properly before us and we are of opinion that this contention must be sustained. Since the findings of the auditor were final, the plaintiff could have appealed from the order for judgment on the report under G. L. (Ter. Ed.) c. 231, § 96. Edin