Categories: Massachusetts Appellate Court Opinions

THOMSON v. JET SPRAY CORP., 2 Mass. App. Ct. 797 (1974)

307 N.E.2d 849

ROBERT B. THOMSON vs. JET SPRAY CORP. others (and a companion case[1] ).

Appeals Court of Massachusetts.
March 8, 1974.

[1] Crathco, Inc. vs. Jet Spray Corp. others.

In each of these cases the defendants’ demurrer to the plaintiff’s substitute declaration was sustained. In each case, the plaintiff filed a timely motion for leave to amend that declaration (see Rule 23 of the Superior Court [1954]), attaching thereto a copy of the proposed amended declaration. In each case, the motion was denied after hearing. The cases are here solely on the plaintiffs’ exceptions to those denials. The motions were “addressed

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to the discretion of the trial judge, and [their] denial, in the absence of findings, rulings, or requests for rulings . . . presents no question of law.” Keliher v. Champion, 358 Mass. 821 (1971), and cases cited. Compare Loranger Constr. Corp. v E.F. Hauserman Co. 1 Mass. App. Ct. 801 (1973). In each case there was no abuse of discretion.

Exceptions overruled.

Joseph Schneider for the plaintiffs.

Francis J. Lawler for the defendants.

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