Crandall Dry Dock Engineers, Inc. v. Gloucester Marine Railways Corp.
Crandall Dry Dock Engineers, Inc. v. Gloucester Marine Railways Corporation
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Exceptions overruled. This is an action of contract to recover a balance due for materials and services furnished by *705 the plaintiff to the defendant. The plaintiff filed an affidavit of no defence. G. L. (Ter. Ed.) c. 231, § 59B. The defendant filed a counter affidavit which the plaintiff contends was insufficient. The plaintiff alleges an exception to the denial of its motion for judgment, and argues that there is presented an order decisive of the case founded upon matter of law apparent on the record. There was no error. The denial of the motion for judgment presents merely an interlocutory matter. Lawrence v. Old Silver Beach, Inc. 303 Mass. 377, 378 . Scola v. Director of the Division of Employment Security, 326 Mass. 180, 181 . Thayer Co. v. Binnall, 326 Mass. 467, 471 . On the merits there likewise would be no error. Under G. L. (Ter. Ed.) c. 231, § 59B, the judge, on these facts, was not required to enter an order for judgment, but could, as he did, advance the case to the short list for trial.
Lispenard B. Phister, for the plaintiff. Solomon Sandler, for the defendant.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.