Massachusetts District Court, Appellate Division April 7, 1942, No. 122470 (Hurwitz v. Lakson)

CARR, J. (Riley, J., and Tomasello, J.)

The plaintiff is before us on an appeal involving $21.80. The action is in contract, and there was a finding for the plaintiff. On appeal to the Appellate Division the finding was set aside and a new trial ordered. The plaintiff thereupon discontinued and the clerk assessed costs to the defendant.