Bowen, Inc. v. G. R. Armstrong Manufacturers' Supplies, Inc.

This is an action to recover damages sustained by the plaintiff and alleged to have been caused by the negligence of the defendant in losing an express receipt. The declaration contains two counts, one in contract, the other in tort. At the close of the evidence the count in contract was waived. The case is before this court on exceptions of the defendant to the admission of certain evidence of custom and to the refusal of the trial judge to rule as requested.

The plaintiff through its agent, one Marks, ordered from the defendant a case of drills for shipment to England. This was confirmed in…