Crandall Dry Dock Engineers, Inc. v. Gloucester Marine Rys. Corp.

• Decision Date: 31 May 1956
• Citation: 135 N.E.2d 12,334 Mass. 704
• Parties: CRANDALL DRY DOCK ENGINEERS, INC. v. GLOUCESTER MARINE RAILWAYS CORP.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 12

135 N.E.2d 12

334 Mass. 704

CRANDALL DRY DOCK ENGINEERS, INC. v. GLOUCESTER MARINE RAILWAYS CORP.

Supreme Judicial Court of Massachusetts, Essex.

Argued May 9, 1956.

Decided May 31, 1956.

Lispenard B. Phister, Boston, for plaintiff.

Solomon Sandler, Gloucester, for defendant.

Before QUA, C. J., and RONAN, WILKINS, SPALDING and WILLIAMS, JJ.

RESCRIPT.

This is an action of contract to recover a balance due for materials and services furnished by the plaintiff to the defendant. The plaintiff filed an affidavit of no defense. 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, 21 N.E.2d 956; Scola v. Director of Division of Employment Security, 326 Mass. 180, 181, 93 N.E.2d 523; Thayer Co. v. Binnall, 326 Mass. 467, 471, 95 N.E.2d 193. 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.

Exceptions overruled.