Food Specialties, Inc. v. John C. Dowd, Inc.

The first case is an action by Food Specialties, Inc. (Specialties), against an advertising agency, John C. Dowd, Inc. (Dowd), in three counts, alleging conversion of, and damage to, certain advertising material belonging to Specialties. The action by Dowd against Specialties seeks damages for breach of an advertising contract and also to recover a balance alleged to be due under the contract.

The cases were referred to an auditor, whose findings of fact were to be final, and were tried together. Certain modifications in the auditor’s report were directed by the trial judge, who ordered…