See Bills v. Nunno, 4 Mass. App. Ct. 279, 282-283 (1976). See also Larson v. Brockton Agricultural Soc., 344 Mass. 463, 465 (1962); LaRose v. Campbell, 5 Mass. App. Ct. 840 (1977). 2.
See Mass.R.Civ.P. 53(e)(2), and Rule 49(7) of the Superior Court (1967). Although arguably a conclusion of law (see Wormstead v. Town Manager of Saugus, 366 Mass. 659, 662 n. 3 [1975]), and thus normally open for our consideration on appeal, the matter is not properly before us. See Michelson v. Aronson, 4 Mass. App. Ct. 182, 192-193 (1976); LaRose v. Campbell, 5 Mass. App. Ct. 840, 841 (1977); King v. Allen, 5 Mass. App. Ct. 868 (1977); O'Day v. Theran, 7 Mass. App. Ct. 622, 624 (1979). The Committee claims that it did not know of the existence of the mortgages and thus that its failure to repudiate the mortgages resulted not from a ratification of the transactions, but from ignorance of essential facts.
Michelson v. Aronson, 4 Mass. App. Ct. at 192-193. LaRose v. Campbell, 5 Mass. App. Ct. 840 (1977). King v. Allen, 5 Mass. App. Ct. 868 (1977).
Id. at 192-193. LaRose v. Campbell, ante, 840 (1977). 2.