Schooner Dartmouth, Inc. v. Piper

This is an action of tort or contract for damages resulting from reliance on a representation in respect of the coverage afforded by an insurance policy on the Schooner Dartmouth, owned by the plaintiff. The plaintiff’s appeal, under G. L. c. 231, § 96, is from the order allowing the defendant’s motion fpr judgment for the defendant on the auditor’s report. The reference to the auditor provided that the findings of facts were to be final. The declaration was in two counts. The plaintiff, before *348any testimony was taken, waived count 1 of its declaration, sounding in tort (“representations . .…