Boston Box Co. v. Shapiro

The plaintiff’s amended declaration contains a first count for a balance of $1,301.96 and interest, alleged to be due according to an account annexed for paper boxes sold and delivered to the defendants, who are copartners manufacturing ice cream cones under the firm name of Southwest Cone Company; and a second count to recover damages for breach of an alleged oral contract of the defendants to purchase “ two million paper boxes.” The entire report of the auditor to whom the case had been referred was introduced, and his findings for the plaintiff on the account annexed were admissible. While…