Mathey v. Colella & Leighton Shoe Co.

This is an action of contract. The declarar tian contains three counts: the first for goods sold and delivered; the second for labor performed and materials furnished; and the third on an account annexed. In the first count the plaintiff seeks to recover for two sewing machines alleged to have been sold by the plaintiff to the defendant.

All the claims upon which the plaintiff seeks to recover are set forth in the findings and rulings of the judge, who heard the case without a jury, as follows: The first of the two machines was installed by the plaintiff in the defendant’s factory on July 8,…