Everett v. Rand

This is an action by the seller against the named buyer for damages from breach of a written contract for sale of potatoes. A justice of the Superior Court hearing the case without a jury and under reservation of the right to except as to matters of law found for the plaintiff in the amount of $4280. Exceptions by the defendant are overruled.

Liability turns on whether the defendant was a buyer or a broker in the transaction with the plaintiff. Exceptions touching damages were not pressed or argued, and are considered waived.

The principles governing our consideration of' jury-waived cases are…