Ovington v. Racine

The declaration in this action of contract contains four counts, but we are concerned only with the fourth (account annexed), the plaintiff having waived the other counts. The case was referred to an auditor and upon the filing of his report the defendant reserved the right to introduce evidence on certain specified issues. The jury returned a verdict for the plaintiff in the amount of $8,356.16. The case comes here on two exceptions taken by the defendant to rulings on evidence.

A full recital of the facts is not necessary. Findings of the auditor sufficient to furnish a background for the…