346 Mass. 632 | Mass. | 1964
This is a bill in equity to recover damages for an alleged breach of contract by the defendant Bergin and to reach and apply certain monies due Bergin from the defendant Waltham Lodge of Elks No. 953 (Waltham). The evidence is reported. The judge of the Superior Court who heard the case made findings, rulings, and order for decree. A final decree was entered directing Waltham to pay to the plaintiff the sum of $3,508.60 out of the funds in its possession belonging to Bergin. From this decree Ber-gin appealed.
The findings and rulings of the trial judge are herewith summarized. The plaintiff is a steel contractor. Its presi
The trial judge in his findings also stated the following:
“There was evidence on the part of Bergin that his dealing with Cox was limited to getting a figure from Cox which might be used in submitting a total figure to Simon Garnet-*634 ting Mills Inc. and, further, that Cox’ figure and a shop plan from the Carew Steel Company were to be submitted to Francis Bergin, a structural engineer and a brother of the defendant, for approval. There was further evidence that this was the procedure followed on the other jobs that Cox had worked on for Bergin. I do not find this as a fact. . . .”
Bergin’s argument appears to be that the trial judge was in error in not finding that- Cox was obliged to obtain approval of the shop plans from Bergin’s brother, that his brother “never approved the shop plans and for that reason the special fabrication by the mill for the steel was not authorized.”
Although there was testimony to support Bergin’s position, there was also testimony to negate it. The judge was not compelled to make findings of fact favorable to Bergin. We have reviewed the entire record and conclude that the findings of the trial judge are fully supported by the evidence. Berman v. Coakley, 257 Mass. 159, 162. White v. Clauson, 344 Mass. 750, 751. Cline v. A. A. Will Sand & Gravel Corp., ante, 40, 42. There was no error.
Decree affirmed with costs of appeal.