Massachusetts Appeals Court, 1981

Armstrong v. Stone

Armstrong v. Stone
Massachusetts Appeals Court · Decided April 24, 1981
11 Mass. App. Ct. 1012; 419 N.E.2d 853; 1981 Mass. App. LEXIS 1045

Armstrong v. Stone

Opinion of the Court

Judgment was properly entered for the defendant (a) in light of and for reasons given by the master in par. 11 of his subsidiary findings and in pars. 4b, 5, 8, 9 and 12 of his general findings and (b) for the reason given by the judge when he denied the plaintiff’s motion to strike the aforementioned pars. 8, 9 and 12 and allowed the defendant’s motion to adopt the *1013master’s report. Creed v. Apog, 6 Mass. App. Ct. 365, 372-373 (1978), modified on another point, 377 Mass. 522 (1979). Contrast Lipis v. Landano, 7 Mass. App. Ct. 894 (1979). The plaintiff’s reliance on Tristram’s Landing Inc. v. Wait, 367 Mass. 622, 629 (1975), Kinchla v. Welsh, 8 Mass. App. Ct. 367, 370-371 (1979), and Kenny v. DiCenso, 10 Mass. App. Ct. 835 (1980), is misplaced.

John P. Connor, Jr., for the plaintiff. Robert W. Harrington (Judith E. Diamond with him) for the defendant.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.