WHITTEMORE, J.
The writ in this action of contract for the balance due for construction of a house is dated March 1, 1956. An auditor's report (findings not final) was filed December 27, 1956. In January, 1958, a judge of the Superior Court allowed the defendant's motions to amend his answer and to file a declaration in set-off and ordered the case recommitted to the auditor. The auditor's supplemental report was filed on April 28, 1958. Following motions of the parties...
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