Smith v. Graham Refrigeration Products Co.

In this action of contract the plaintiff seeks to recover sums allegedly due from the defendant for salary and commissions. The case was referred to an auditor, whose findings of fact were not to be final. After the filing of the auditor’s report neither party reserved the right to introduce further evidence and the case was heard by a judge on the plaintiff’s motion for judgment on the auditor’s report. The judge ordered judgment for the plaintiff in the amount of $1,558.81 subject to the plaintiff’s exception. It is the plaintiff’s contention that, for reasons that will hereinafter appear,…