360 Mass. 870 | Mass. | 1972
After trial in the District Court of this action of contract to recover $18,220.80 allegedly due the plaintiff (Lessor) by the defendant (Lessee) for electrical energy furnished by the Lessor and used by the Lessee in the operation of an elevator in an industrial building in which the leased premises were located, the trial judge found that “there was no agreement oral or written, expressed or implied between the . . . [Lessor] and . . . [Lessee] that the . . . [Lessee] was to pay the . . . [Lessor] for electricity consumed by an electric motor operating an elevator of the . . . [Lessor].” The Lessor claimed no report of the action of the judge in disposing of its requests or rulings. Instead it filed a motion for a new trial on the grounds that (1) there was a mistake of law, without specifying what it was, (2) the switch to the elevator motor was in the premises exclusively leased to the Lessee and the elevator was in the exclusive control of the Lessee, and (3) several months elapsed between the trial and filing of the judge’s decision. The motion for a new trial was denied and the Lessor claimed a report of the denial to the Appellate Division. That was the only question reported. After hearing, the Appellate Division dismissed the report and the Lessor appealed therefrom to this court. There was no error. Under the vague first ground of the motion for a new trial the Lessor assumed the right to argue in this court questions of law which could have been raised at the trial
Order dismissing report affirmed.