Massachusetts Supreme Judicial Court July 6, 1923 (Daly v. Chapman Manufacturing Co.)

Crosby, J.

This is an action of contract. It was heard by a judge of the Superior Court on the fourth and seventh counts of the declaration. The other counts were waived. The case is before us on a report in which it is recited that “ The plaintiff offered testimony tending to establish and which, if believed, would establish the following facts.