Daley v. J. F. White Contracting Co.

This is an action of contract by the owners of adjoining parcels of land in Bandolph to recover damages for an alleged breach of a written contract for the sale of 100,000 yards of “ [b] or row and other fill material.” The case was referred to an auditor, who filed a report. Thereafter the case was tried before a judge of the Superior Court, without jury, “upon the auditor’s report.’’ The defendant filed “requests for rulings” which are set forth in the margin. The judge made a ‘ ‘ finding ” for the plaintiffs in the sum of $10,031.10 with interest from December 16, 1958. The case is here on…