3 Mass. App. Ct. 768 | Mass. App. Ct. | 1975
In its appeals from the interlocutory decree confirming the master’s report and from the final decree, the defendant’s sole contentions relate to the master’s exclusion of evidence offered in support of so much of its counterclaim as sought damages for lost profits from the roof of its parking garage during the summer of 1969 because of the plaintiff’s delay in completing the construction thereof, and to the master’s refusal to make a finding as to the amount of those lost profits. 1. The five volumes of the transcript of evidence heard by the master (containing nearly 500 pages) which have been transmitted to us, but which he neither reported (Boston Consol. Gas Co. v. Department of Pub. Util. 329 Mass. 124, 128 [1952]) nor was ordered to report (compare Shaw v. United Cape Cod Cranberry Co. 332 Mass. 675, 679 [1955], and cases cited; contrast Spiegel v. Beacon Participations, Inc. 297 Mass. 398, 405-407 [1937]), are not a part of the record on appeal (Royal Tool & Gauge Corp. v. Clerk of the Courts for the County of Hampden. 326 Mass. 390, 391 [1950]; compare Joyner v. Lenox Sav. Bank, 322 Mass. 46, 57 [1947]), despite the allowance long after the entry of the final decree of the motion to designate the reporters who took that evidence as “the official reporters” and the transcript as “the official transcript,” and of the motion to excuse the reproduction thereof for purposes of this appeal (compare Dodge v. Inspector of Bldgs. of
Interlocutory decree affirmed.
Final decree affirmed.