F. D. McKendall Lumber Co. v. Buratti

This civil action was brought to recover for goods sold and delivered. The matter was tried to a justice of the Superior Court sitting without a jury, who thereafter rendered judgment for the plaintiff in the amount of $5,009 plus interest. From that judgment the defendant is now prosecuting an appeal to this court.

We are confronted here, as we so often are, with a situation in which the parties to litigation have submitted the controversy, both on the law and the evidence, to a justice of the Superior Court sitting without a jury. This court has long adhered to the principle that, where this…