Harris v. Carter

LUMMUS, Justice. By a written contract dated August 16, 1929, Simon Saliba agreed to build a house for Saia F. Zarthar according to certain plans and specifications for $11,000. An auditor whose findings of fact are final found that after the written contract had been executed the parties mutually orally agreed that the house should be constructed as Zarthar should direct, that in the absence of specific direction the plans and specifications should govern, that Saliba should be paid the reasonable and fair value of the labor and materials involved in any changes ordered by Zarthar, and that Zarthar should be given the benefit of any saving in expense occasioned by changes so ordered or rendered necessary by conditions. The auditor improperly burdened his report by attaching requests for findings of fact presented by the parties. Such requests have no importance after the report has been drafted, except possibly as the basis of a motion, addressed to the discretion of the Judge, to recommit the report. They ought not to be incorporated in in report or attached to it. Manfredi v. OBrien (Mass.) 185 N.E. 365.