Mathews v. Hathaway Baking Co.

By the Court.

This is an action of contract or tort. It was referred to an auditor whose findings of fact were not final. The defendant in accordance with Rule 88 of the Superior Court (1932) made reservation of the right to introduce further evidence. The case was heard on its merits, the plaintiff introducing only the report of the auditor and the defendant offering evidence on the question of damages. After this trial the trial judge made a finding for the plaintiff. The record consists of the auditor’s report, the de*329fendant’s requests for rulings with certain memoranda of action thereon by…